OTEC Präzisionsfinish v ANCA Europe (CFI, 2 July 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 2 July 2026 (UPC_CFI_1536/2026), presiding judge and rapporteur Thomas of the Düsseldorf Local Division discloses to OTEC Präzisionsfinish and its counsel the unredacted version of the detailed description prepared on 16 June 2026 by the expert, following the inspection carried out on 7 May 2026 at ANCA Europe’s stand at the GrindingHub trade fair in Stuttgart (EP 2 983 864). As ANCA raised no confidentiality interest, the confidentiality protection is lifted as regards OTEC. The order shows the ordinary exit from an inspection measure: disclosure, a time limit to start proceedings on the merits and a restriction on use of the results.

Question

On what conditions is the expert’s detailed description disclosed to the applicant, and what obligations follow for it?

Decision

Since the respondent asserted no confidentiality interest, the unredacted version and its annexes must be disclosed to the applicant and its counsel (paragraph 1). The applicant is informed that the measures will be revoked or cease to have effect if it does not bring an action on the merits against ANCA within 31 calendar days or 20 working days, whichever is longer, from the upload of the order to the case management system (paragraph 2). The description and all other results may only be used in proceedings on the merits against ANCA (paragraph 3).

Key points for practice

• Practical point: the time limit for bringing the action on the merits runs from the upload of the disclosure order, the applicant should therefore have its statement of claim ready before the description is released.

Provisions applied

Agreement on a Unified Patent Court

Art. 60

Rules of Procedure

Rules 194, 196, 197, 198 and 199

Case law cited

Progress Maschinen & Automation v AWM, Court of Appeal, 23 July 2024, Otec v Steros, Düsseldorf Local Division, 12 May 2025 (UPC_CFI_260/2025)

Related decisions

• OTEC Präzisionsfinish v ANCA Europe, 6 May 2026, order for inspection and preservation of evidence.

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.