Taylor Wessing v NEC (CFI, 26 August 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 26 August 2025 (ORD_33611/2025), the judge-rapporteur of the Munich Local Division granted the law firm Taylor Wessing, acting as a member of the public, access in redacted form to six pleadings in NEC’s infringement action against TCL (UPC_CFI_487/2023, EP 2 645 714) and the counterclaim for revocation (UPC_CFI_397/2024), both withdrawn in January 2025. Withdrawal without a decision on the merits does not bar access, since a general interest suffices once the proceedings are closed.

Question

May a third party obtain access under Rule 262.1(b) to the pleadings in proceedings that ended by withdrawal, without a decision on the merits, and on what terms?

Decision

Yes, largely. The reasoned request is a formal requirement: once the proceedings have ended, a general interest in inspection suffices (paragraphs 20 to 23). That interest is weighed against those listed in Art. 45 UPCA (paragraphs 24 to 26), it prevails here, as no abuse is shown, educational purposes are legitimate and withdrawal does not preclude access (paragraphs 27 to 32). Confidential information within Rule 262.2 and personal data must be redacted (paragraphs 33 to 36). Access is staged: first the pleadings without annexes, then exhibits on request to the Registry (paragraphs 37 and 38). The remainder of the request is rejected.

Key points for practice

• Practical point: withdrawing an action does not shield the pleadings from third-party inspection, parties should plan for redacting their briefs and exhibits.

Provisions applied

Agreement on a Unified Patent Court

Art. 45

Rules of Procedure

Rules 262.1(b), 262.2, 262.3 and 262A

Other provisions

Regulation (EU) 2016/679 (GDPR)

Case law cited

Ocado v Autostore, Court of Appeal, 10 April 2024, Powell Gilbert v Abbott, Court of Appeal, 9 January 2025, Nicoventures v Juul, Court of Appeal, 25 April 2025 (UPC_CoA_5/2025), and several orders of the Düsseldorf, Munich and Mannheim Local Divisions and the Paris Central Division

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.