Challenges of Accessing Files under Pandemic Conditions
The guarantee of access to files is a central procedural right to which all parties to proceedings are entitled in order to prepare the pursuit or defense of their rights. However, during the COVID-19 pandemic, particular challenges arise when it comes to the practical implementation of file inspection on site. This is illustrated by a decision of the Higher Regional Court of Frankfurt am Main (Case No.: 21 W 137/20), which addressed the reasonableness of inspecting files in a cramped basement room during the pandemic.
Framework Conditions for File Inspection
Spatial Situation
In the underlying case, one party was granted access to files exclusively in a basement room of about 13 square meters. No further alternatives, such as sending the files or providing digital copies, were offered. The spatial conditions allowed only a very limited possibility of complying with the required distance rules under the applicable pandemic protection measures.
Hygiene Rules and Health Protection
At the same time, the regulations in force at the time of the decision regarding infection protection were at the forefront. The Higher Regional Court examined whether the obligation to grant access to files could be reconciled with the requirements for health protection. In the court’s opinion, the size and location of the basement room did not offer sufficient protection to minimize the risk of infection.
Assessment by the Higher Regional Court of Frankfurt am Main
The Higher Regional Court made it clear that the obligation to provide file inspection cannot be suspended. Nevertheless, access to files must be granted under reasonable conditions. A permanent referral to cramped and poorly ventilated rooms without regard to health protection interests arising from the pandemic is not acceptable. In particular, in light of the necessary protective measures, an adjustment of the modalities of file inspection is required.
The court emphasized that the realization of effective legal protection must always be assessed with regard to proportionality and the duty to safeguard the health of the parties involved. Strict adherence to the actual conditions of hearing and file inspection venues must therefore, in exceptional cases such as a pandemic situation, be subject to particularly careful consideration.
Consequences for the Parties to Proceedings
The court’s decision makes it clear that merely making files accessible under unreasonable spatial conditions is not sufficient. Especially when general pandemic-related requirements cannot be observed due to the room situation, the right of access to files is impaired. In such constellations, the parties to the proceedings retain the right to insist on alternative ways of inspecting files.
Outlook and Legal Relevance
The decision of the Higher Regional Court of Frankfurt am Main underscores the importance of a situation-appropriate approach to the obligation to provide access to files in exceptional situations. Observance of health protection is an essential component in order to safeguard procedural positions and ensure access to the courts, without neglecting the legitimate interests of the parties involved (Decision of 19.11.2020, Case No.: 21 W 137/20).
For companies, investors and high-net-worth individuals who are confronted with similar challenges regarding file inspection in the context of commercial disputes or corporate law conflicts, complex issues relating to proper procedural design may arise. If further information is needed, our law firm can offer solution-oriented review through individual legal advice in commercial law.
