Case Law
Rule 196: Order on the Application for preserving evidence

Court of First Instance - Paris (FR) Local Division, Order dated 01/03/2024, C-Kore / Novawell (Case number UPC_CFI_397/2023 App_601-2024)
Example of decision on the compliance of the measures ordered (i.e. a saisie carried out by an expert assisted by a bailiff) with French national law: “The aim of the provision of Art. L. 615-5 CPI is to avoid a partial expert (appointed by the applicant) conducting the seizure measures, which would be unfair to the seized person.”
“Within the legal framework of the UPC, a saisie carried out by "an expert assisted by a bailiff" is not contrary to the aim of the provision Art.L615.5 CPI and is in conformity with R 196.5 of the RoP
The presence of a bailiff is therefore in conformity with French law and the fact that an expert - who is impartial and neutral as it does not represent a party - has been appointed by the Court to carry out the measures in accordance with the UPC rules constitutes a further guarantee of the rights of the defendant. It is therefore clear that the measures ordered are in line with French public policy.”

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

Court of First Instance - Milan (IT) Local Division, Order dated 14/06/2023, OERLIKON TEXTILE GMBH & CO KG v BHAGAT GROUP (Case number UPC_CFI_141/2023, ORD_500982/2023)
Example of decision allowing measures preserving evidence