Tesla Germany v Avago Technologies International Sales (CFI, 2 April 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By a final procedural order of 2 April 2024 (UPC_CFI_54/2023, ACT_463258/2023, order no. 12880/2024), judge-rapporteur Schilling of the Hamburg Local Division declared confidential, at the request of Tesla Germany GmbH and Tesla Manufacturing Brandenburg SE, the information on their sales forecasts contained in their rejoinder of 8 March 2024, in the infringement action on EP 1 612 910 brought by Avago Technologies International Sales Pte. Limited. Access is limited to Avago’s representatives and three named individuals employed by Broadcom Inc. The order accepts that the authorised persons need not be employees of the party itself.

Question

Are sales forecasts trade secrets justifying an access restriction under Rule 262A RoP, and may access be given to employees of a company in the claimant’s group?

Decision

The division relies on Rule 262A RoP and Art. 9(1) and (2)(a) of Directive (EU) 2016/943. The forecast figures are trade secrets: they go beyond what could be calculated from public registration figures, the announced average Model Y price and the published margin, and Avago does not dispute this. The number of authorised persons must not exceed what is needed for a fair trial and an effective remedy, with at least one natural person per party in addition to the representatives (Rule 262A.6 RoP). The three persons named are those already admitted in the order of 3 November 2023, the defendants raise no personal objection to them, and the fact that they work for Broadcom Inc. rather than for the claimant is irrelevant. The final order replaces the provisional order of 11 March 2024. It can be appealed only together with the final decision (Rule 220.1 RoP), no leave having been sought or granted of the court’s own motion.

Key points for practice

• Practical point: access to confidential information may be granted to employees of a group company of the party, particularly where they were already admitted under an earlier order in the same dispute.

Provisions applied

Rules of Procedure

Rules 220.1, 220.3 and 262A

Directive (EU) 2016/943

Art. 9(1) and (2)(a)

Case law cited

Avago v Tesla, Hamburg Local Division, 3 November 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.