Case Law
Article 42: Proportionality and fairness

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: “In application of the general principle of proportionality established by articles 41 and 42, UPCA, and the comparison of conflicting interests also in the choice of implementing measures, held account that the measure will have to be carried out in the context of a trade fair event open to participation of the public, it is specified that the bailiff and the expert must prefer ably proceed, where possible, with the execution at times other than those intended for opening to the public or in any case with a lower flow at the respondent’s stand.”