LD Paris, February 4, 2026, Order, UPC_CFI_583/2025

1. Key takeaways

An order to produce evidence under Art. 59 UPCA and R. 190 RoP requires the claimant to present reasonably available and plausible evidence supporting its infringement claim.

The claimant must specify evidence within the defendant's control. The Court's order is subject to safeguards for confidential information and the right against self-incrimination (Art. 59(1) UPCA).

The plausibility threshold does not require proof of infringement; evidence making the claim plausible is sufficient, especially when obtaining it is difficult in specialized B2B markets.

The claimant met this standard by providing older technical data sheets, composition analyses, and a product sample, which the Court deemed sufficient to render the infringement allegations plausible.