Hefei Xinhu Canned Motor Pump v Grundfos (CoA, 19 December 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 19 December 2025, made in the joined appeals UPC_CoA_622/2025 and UPC_CoA_623/2025, the Court of Appeal ordered Hefei Xinhu Canned Motor Pump, an appellant based in China, to provide security of EUR 75,000 per appeal in favour of Grundfos Holding, the respondent and claimant at first instance. Security under Article 69(4) UPCA falls only on the party that brings the proceedings, on appeal the appellant.

Question

May the respondent, who was the claimant at first instance, obtain security for the appeal costs from the appellant, and is the appellant’s seat in China sufficient ground?

Decision

The application was admissible: on appeal the appellant brings the proceedings, and only the respondent may seek security, even if it was the claimant below (paragraphs 7 to 13), an exception is reserved for a defendant-respondent rightly alleging an evident error in the decision under appeal, which was not the case (paragraph 14). Hefei’s seat in China supports the conclusion that a costs decision would probably be unenforceable or enforceable only with disproportionate effort, given the lack of any guarantee of recognition outside the EU and EEA (paragraphs 16 to 18). The absence of a request at first instance and Hefei’s solvency were irrelevant (paragraphs 19 to 22). The undisputed amount of EUR 150,000 was split into EUR 75,000 per appeal, to be provided within four weeks (paragraphs 23 and 24).

Key points for practice

• Security follows the procedural role: on appeal it falls on the appellant, whatever its position at first instance.
• Practical point: a respondent facing an appellant based outside the EU and EEA may seek security at the appeal stage, failing which the appellant risks a default decision (Rules 158.5 and 355).

Provisions applied

Agreement on a Unified Patent Court

Art. 69(4)

Rules of Procedure

Rules 158.1, 158.5 and 355

Case law cited

AorticLab v Emboline, 20 June 2025, Oerlikon Textile v Bhagat Textile Engineers, 30 October 2025, Volkswagen v Network System, 17 September 2024, Aarke v SodaStream Industries, 29 November 2024, Chint New Energy v JingAo Solar, 9 July 2025

Related decisions

• Grundfos v Hefei Xinhu Canned Motor Pump, 8 May 2025, Düsseldorf Local Division decision on the merits under appeal.

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.