The UPC’s Hague Local Division issues confidentiality order in Plant-e v Arkyne Technologies – conflict with the Düsseldorf Local Division?

Court of First Instance, Hague Local Division – 4 March 2024, UPC_CFI_239/2023, ACT_549536/2023 and CC_588768/2023

On 4 March 2024, the Hague Local Division of the UPC issued an order relating to Plant-e’s application under Rule 262A of the Rules of Procedure (RoP) for a confidentiality order covering financial information provided with their reply to an application by Arkyne Technologies (“Bioo”) under Rule 158 RoP for security for costs in the main proceedings.

In their reply to Bioo’s Rule 158 application, Plant-e had provided redacted and unredacted versions of documents that contained commercial information to support their arguments contradicting Bioo’s contention that Plant-e’s financial position would not allow it to cover Bioo’s legal costs in the event that they were ordered to do so. The Rule 262A application for confidentiality was filed alongside this.

The redacted information concerned the investments made in Plant-e by investors and the relevant amount of said investments, information on the sales funnel of Plant-e and projected sales in the near future and more information concerning the financial situation of Plant-e than is publicly available.

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