All this means that the complaint will be dismissed as unfounded, taking into account the above con

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In the complaint it is alleged that his confiscated under complainant data covered by the privilege. The complaint refers in this context to a letter from Mr. And Mr. Harmsen. Kortmann, which Annex 8 is attached to the complaint. ouval Also during the hearing in chambers advocates that data have been seized under the privilege.
"The correspondence and other communications from the time of [the complainant] approached us, from January 28, 2011, are inextricably ouval linked to our assistance to [the complainant] and the actual investigation that [the complainant] made at our request in that regard. Thus, correspondence and other communications fall from January 28, 2011 under the attorney-client privilege. " ouval
"The statement of the complainant, stating that all communications and correspondence from January 28, 2011 on (to) [A] (affiliated companies, people and topics) are covered by the privilege of the lawyers of [the complainant] as such communication alone is associated and can stand with assistance provided by the lawyers to the complainant and conducted research may for this purpose in its totality - without investigating the appropriate communications - can not be accepted as correct.
Not be ruled out that the hard disk data is that is so much related to, or extension of, the confidential communication between lawyer and client if they - even if they are not coming from or destined for a secret holder himself - under a legal privilege may fall, but that should be a given decision. The investigation into this type of communication will also have to take place under the auspices of the magistrate ouval (eg, in the same way as agreed by November 15, 2013 with respect to the data until January 28, 2011) in which the course in the first instance to change beneficiary will have to be found for data relating to assess the advisory role of lawyers on this issue at any privilege.
All this means that the complaint will be dismissed as unfounded, taking into account the above considerations ouval as well as the arrangements made by the parties for consideration in closed session on November 15, 2013. "
The means of appeal argues that the judgment of the Court that the allegation of the complainant that all communications and correspondence from 28 January 2011, on A under the privilege of the lawyers of the complainant, not in general, if properly can be accepted, is insufficient motivated.
In this case, the search took place in the office of the complainant. In its complaint, and the complainant argued during the hearing in chambers that among the inbeslaggenomene correspondence and other communications are in respect of which its lawyers, according to a letter attached to the complaint, invoke their privilege. The judgment ouval of the Court, that argument of the complainant in general, not be accepted as correct, is inadequate.
To the extent the findings of the Court must be understood as it considers that further investigation under the direction ouval of the magistrate must decide whether it is in the said letter lodged position of the lawyers of the complainant is correct, ouval the Court fails to recognize that this position must be respected, unless ouval there is no reasonable doubt can exist that this view is incorrect. As far as the Court as its opinion until it has to bring that those who write not been adequate to assess whether the intended correspondence and other communication object of the privilege, the Court fails to recognize that they are the lawyers involved in this case as interested parties the opportunity should have given to allow themselves to that.
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