The FCJ decided that submissions by the parties which are expressly intended for the court only and not for the opposing party may not be included in the court file. As a consequence, they may not be relied on by the court and may not be disclosed to the opposing party for the purposes of file inspection.
Case date: 14 January 2020
Case number: X ZR 33/19
Court: Federal Court of Justice of Germany
A full summary of this case has been published on Kluwer IP Law.