Direct access to seized documents, selected from a larger pool of previously seized evidence, is denied on the basis of Dutch procedural provisions relating to Directive 2004/48/EC, because the defendant has not been allowed prior review of the seized selection. The court only allows access to a limited selection obtained by sufficient specific key word search followed by visual inspection and orders the bailiff to first allow review of this selection by the defendant, and to provide subsequent access to the claimant after a term of two weeks.
A full summary of this case has been published on Kluwer IP Law.
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