Koninklijke KPN v Oleading (CFI, 18 August 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 29 July 2026 issued in the infringement action UPC_CFI_565/2024 (and proceedings UPC-CFI-0002246/2025) concerning EP 2 337 403 and EP 3 944 587, the judge-rapporteur of The Hague Local Division ruled on the confidentiality club in Koninklijke KPN v Oleading. He allowed OPPO’s counsel to give access to the licences and their annexes, under the confidentiality regime agreed between the parties before the Düsseldorf Regional Court, but refused to enlarge the club from five to seven people. The order shows the weight given to consistency with parallel national proceedings.

Question

May the confidentiality club with access to the licences produced be enlarged beyond the one adopted in the parallel proceedings before the Düsseldorf Regional Court, and should a licensing bar be imposed on those admitted?

Decision

Access was granted provided that no licensee had successfully intervened, before 10 July 2026, under point 12 of the Final Order. The confidentiality regime agreed in cases 4b O 27/22 and 4b O 44/22 and the Final Order apply. The judge saw no reason, however, to enlarge the club: OPPO had not explained why this was necessary or why the court should depart from the Düsseldorf arrangement, and the departure of some employees made no difference since current employees retain access. The five-year licensing bar sought by KPN was not ordered at this stage: KPN has two working days to clarify whether it covers current employees, and OPPO two working days to respond.

Key points for practice

• A confidentiality club aligned with parallel national proceedings serves as the benchmark. Departing from it requires concrete justification.
• A licensing bar imposed on club members must be defined precisely as to the persons it covers.

Provisions applied

Case law cited

No UPC decision, reference to Düsseldorf Regional Court cases 4b O 27/22 and 4b O 44/22

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.