Balancing disclosure and the protection of confidential information in private enforcement proceedings: The Commission’s communication to national courts

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Disclosure of evidence and protection of confidentiality are two aspects of private enforcement proceedings that by definition are in tension. • The Communication further builds on the rules of the Damages Directive to address this. It sets out a number of practical issues that a national court could consider for selecting effective measures to protect confidentiality when ordering the disclosure of evidence. • The Communication seeks to contribute to a more efficient handling of disclosure issues by national courts to the benefit of parties and national judges.