Case Law
Rule 192: Application for preserving evidence

Court of First Instance - Milan (IT) Local Division, Order dated 08/04/2024, PROGRESS MASCHINEN & AUTOMATION AG v. AWM Srl, SCHNELL S.p.A. ORD_9710/2024
Example of decision on applications for preserving evidence and for an order for inspection :“The written report and any other outcome of the measures to inspect premises and to preserve evidence may only be used in the proceedings on the merits, in accordance with Rules 196.2 and 199 RoP. This means that access to the contents of the reports is solely for their use in the subsequent main proceedings, against the same parties.
Therefore, there is no possibility of granting PMA access to the report, as the Applicant irretrievably failed to comply with the time limit set out in Art. 60 UPCA and Rule 198.1 RoP. The request for access is inadmissible and must be dismissed, as the Applicant cannot use its contents in the only permissible lawful manner, namely in an action on the merits against AWM and Schnell.”

Court of First Instance - Brussels (BE) Local Division, Order dated 21/09/2023, Jozef Frans Nelissen v OrthoApnea S.L. (Case number UPC_CFI_329/2023, ORD_575902/2023)
Example of decision allowing provisional protective measures