1. Key takeaways
No Stay of Execution from the Court of First
Instance
The Court rejected Claimant's request for a stay of
enforcement of its first instance decision during the appeal period
as this decision is solely subject to the competence of the Court
of Appeal according to Art. 74 UPCA and Rule 223 RoP. In such a
scenario, the Court of First Instance has no power to suspend the
decision during the appeal period.
Confidentiality Club
The Court upheld the confidentiality club as ordered previously
and did not modify the order as the parties did not agree on the
modification of the confidentiality club subsequently.
The Court referred to Rule 262A RoP, which governs
confidentiality clubs, and to previous case law (LD Paris, March
26, 2024, UPC_CFI_397/2023; LD The Hague, March 4, 2024,
UPC_CFI_239/2023) to support its decision.