A user of an exchange initiated legal proceedings requesting preliminary diligences to obtain information about the external company behind the platform, in order to sue for damages suffered due to a cyber scam that left him without assets. The court rejected the request, but the user appealed, arguing the need for such information to ensure a proper legal process.
The case reached Office C of the Commercial Chamber. The judges considered that this was a preparatory measure that was necessary to obtain crucial information and ensure due process.
Article 389 of the CPCCN allows third parties to request the production of documents, and the list in Article 323 CPCCN is not exhaustive, so the user’s request for information was admitted by the Commercial Chamber. The defendant must provide “the name of the person who, on behalf of the external company, intervened in the contracts and the address indicated”. In this sense, the appeal was accepted and the decision was revoked, without costs.
You can read the ruling (in Spanish) from here.
