Imusyn v BAG Diagnostics (CFI, 16 July 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In a procedural order of 16 July 2026 (UPC_CFI_701/2025, EP 3 548 898), the Düsseldorf Local Division, at BAG Diagnostics’ request and with no objection from Imusyn, classified as confidential the settlement reached between the parties in the preliminary injunction proceedings UPC_CFI_550/2025 (Annex S 1) and the information on its conclusion, content and performance set out in the brief of 29 June 2026. It declined, however, to exclude third-party access to the file in advance. The order is a reminder that confidentiality does not displace a case-by-case balancing when access is sought.

Question

Does the confidential classification of an earlier settlement between the parties justify a general exclusion of third-party access to the file?

Decision

The defendant gave concrete reasons, relating to the confidentiality regime of the settlement and the related cease-and-desist undertakings and to its internal processes and sales activities, and the claimant did not object: the information is classified as confidential under Rule 262.2 RoP. A general exclusion of third parties is refused, since Rule 262.6 RoP requires the interest in secrecy to be weighed against the applicant’s interest in access for each request. The consequences for file access, exclusion of the public from the hearing and redaction of any decision are reserved.

Key points for practice

• Practical point: a confidentiality request should target identified passages and exhibits, it protects the information but does not close the file to third parties as a matter of principle, whose access requests are still assessed case by case.

Provisions applied

Rules of Procedure

Rules 262.1(b), 262.2 and 262.6

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.