Mathys & Squire LLP v BITZER Electronics (CFI, 29 July 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 29 July 2024 (UPC_CFI_263/2023, ORD_37073/2024), the judge-rapporteur of the Paris Central Division granted Mathys & Squire LLP access under Rule 262.1(b) RoP to all written pleadings and evidence in the revocation action between BITZER Electronics and Carrier Corporation concerning EP 3 414 708, the parties having made no comment when consulted. The order applies the Court of Appeal’s framework to concluded proceedings.

Question

May a member of the public obtain access to all pleadings and evidence in concluded proceedings where no party objects?

Decision

Under Rule 262.1(b) RoP, pleadings and evidence are available to the public upon reasoned request (paragraph 4). The applicant’s interest must be weighed against the interests protected by Art. 45 UPCA (confidentiality, personal data, the general interest of justice and public order), following the Court of Appeal’s order of 10 April 2024 (paragraph 5). Protecting the integrity of the proceedings usually matters only while they are under way (paragraph 6). As the proceedings have ended, no party or third party sought confidentiality and no issue of justice or public order arises, the applicant’s interest deserves protection and access is not disproportionate (paragraphs 7 and 8). The applicant had relied in particular on the pending EPO opposition and on the patent’s entry in the opt-out register, with reference to Art. 83(3) UPCA, points the order does not examine.

Key points for practice

• Practical point: once proceedings have ended and absent any objection by the parties, a reasoned request for public access to the whole file will in principle be granted.

Provisions applied

Agreement on a Unified Patent Court

Art. 45

Rules of Procedure

Rule 262.1(b)

Case law cited

Ocado Innovation v Autostore, Court of Appeal, 10 April 2024

Related decisions

• BITZER Electronics v Carrier, 29 July 2024, decision on the merits of the revocation action.

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.