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Law Cases
Intellectual Property Law Cases
Breach of Confidence Cases

Varec v Belgium [2008] C-450/06) EU:C:2008:91

Country:
United Kingdom
By Oxbridge Law Team
Held

  • 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.

Held

  • 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

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