SWARCO Futurit Verkehrssignalsysteme v STRABAG Infrastructure & Safety Solutions (CFI, 12 August 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 12 August 2024 (UPC_CFI_33/2024, APP_36807/2024), the presiding judge and judge-rapporteur of the Vienna Local Division dismissed the application under Rule 262.1(b) RoP by DMV industrijski kontrolni sistemi, a competitor of the claimant, for access to the Statement of Claim, pleadings and evidence in SWARCO Futurit’s infringement action on EP 2 643 717 against STRABAG Infrastructure & Safety Solutions. The order applies the Court of Appeal’s case law on public access while proceedings are pending.

Question

Does a competitor, named in parallel national proceedings as the supplier of the accused products, have a sufficient interest in accessing the pleadings while the action is pending?

Decision

Access to pleadings and evidence requires a reasoned request and a concrete legal interest, as distinct from an economic interest or mere curiosity. While proceedings are pending, the integrity of the proceedings and the protection of personal data prevail, in line with the Court of Appeal’s decision of 10 April 2024 (paragraphs 47 to 50). DMV does not claim it intends to bring proceedings against the parties or faces evidential difficulties. The patent is public, its own contractual relationships tell it whether it is the supplier concerned, and validity can be examined after the decision. The application is dismissed in all its variants.

Key points for practice

• Practical point: while an action is pending, a competing third party must show a legal interest of its own, parallel proceedings indirectly targeting it are not enough.

Provisions applied

Agreement on a Unified Patent Court

Arts. 26, 45, 73 and 75(1)

Rules of Procedure

Rules 220.2, 262, 313.1, 350.5 and 351.3

Other provisions

Regulation (EC) No 1049/2001, Art. 4(2), Regulation (EU) 2016/679, Art. 5(1)(c), CJEU, C-360/09, Pfleiderer, CJEU, C-536/11, Donau Chemie, CJEU, C-268/21, Norra

Case law cited

Ocado Innovation v Autostore, Court of Appeal, 10 April 2024, UPC_CoA_404/2023

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.