Yunex v SWARCO Futurit Verkehrssignalsysteme (CFI, 30 April 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 30 April 2025 (UPC_CFI_33/2024, App_17662/2025 and App_20565/2025), Judge Schober, presiding judge and judge-rapporteur of the Vienna Local Division, granted Yunex GmbH, a non-party, access to all written pleadings and evidence in the infringement action brought by SWARCO Futurit Verkehrssignalsysteme against STRABAG Infrastructure & Safety Solutions on European patent EP 2 643 717, in which Chainzone Technology (Foshan) had intervened. The decision on the merits of 15 January 2025 is under appeal. The order takes a transparency-friendly line: absent any protected interest put forward by the parties, access is granted as requested, subject only to the redaction of personal data.

Question

May a third party obtain access to all pleadings and evidence in proceedings whose decision on the merits is under appeal, where no party objects?

Decision

Yes. Through Rule 262.1(b), the principle of public proceedings in Art. 45 UPCA extends to procedural information held by the Registry, in the public interest in information. Access should therefore generally be granted, particularly where no protected interest of the parties stands in the way. Invited by order of 14 April 2025 to comment by 24 April, the defendant raised no objection, the claimant and the intervener did not respond, and no ground for refusal was apparent. The parties have ten days to notify the Registry of any personal data to be redacted, and access extends only to the redacted version.

Key points for practice

• Practical point: a party wishing to resist third-party access must respond within the time set and identify a specific protected interest, otherwise access will be granted as requested, even while an appeal is pending.

Provisions applied

Agreement on a Unified Patent Court

Art. 45

Rules of Procedure

Rule 262.1(b)

Other provisions

General Data Protection Regulation (no article specified)

Case law cited

Court of Appeal, UPC_CoA_404/2023 (date not given in the order)

Related decisions

• SWARCO Futurit Verkehrssignalsysteme v STRABAG Infrastructure & Safety Solutions, 15 January 2025, decision on the merits, under appeal.

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.