Claimant was company involved in tender procedure for building of tank tracks; however lost to a rival firm.
Claimant challenged decision, and during hearing demanded disclosure of rival company’s tender details, on grounds that failure to disclose rival tender prevented it effectively challenging decision.
Belgium claimed disclosure was not possible as rival bid contained confidential information such as rival company’s trade secrets.
Rival firm has Article 8 right to respect for its private life
I.e. details of its participation in the tender may be protected by Article 8
This even though it is a company.
Moreover protection of commercial secrets is general principle of EU law.
Thus Belgian court must balance rival company’s right to protection of its confidential information against Claimant’s right to fair hearing
IP law notes fully updated for recent exams at Oxford and Cambridge. Th...
My notes cover all the main cases in intellectual property law. They a...
Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️
Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.
Get StartedThese product samples contain the same concepts we cover in this case.