IMI Hydronic Engineering Deutschland v Belparts Group (CFI, 18 December 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 18 December 2025, given in revocation action UPC_CFI_104/2025 and counterclaim for infringement UPC_CFI_364/2025 concerning EP 3 812 870, the Paris Central Division dismissed IMI Hydronic Engineering Deutschland’s request for EUR 500,000 security for costs from Belparts Group. Unsupported figures taken from a commercial database do not establish a real risk that a costs order will not be recoverable.

Question

Can a revocation claimant obtain security for costs from the patentee, a defendant based in Belgium, on the strength of a 2023 loss of EUR 879,489 reported by Northdata?

Decision

No. Applying the Court of Appeal’s test, the division asked whether the other party’s financial position gives rise to a legitimate and real concern that a costs order may not be recoverable, or that enforcement may be unduly burdensome. The applicant bears the burden of substantiation and proof (paragraph 14). Belparts being seated in Belgium, no difficulty of enforcement was argued (paragraph 15). IMI relied solely on Northdata figures with nothing more, whereas Belparts disputed them and filed evidence of its finances (paragraph 16). The division left open whether security may be sought in respect of a counterclaim for infringement and the relevance of the parent company’s assurance (paragraph 17).

Key points for practice

• Practical point: a security request built only on an extract from a commercial database will fail once the opponent files contrary financial evidence, the applicant needs material that genuinely shows a recovery risk.

Provisions applied

Agreement on a Unified Patent Court

Art. 69(4)

Rules of Procedure

Rule 158.1

Case law cited

Chint New Energy v JingAo Solar, Court of Appeal, 9 July 2025, Audi v Network System, Court of Appeal, 17 September 2024, AorticLab v Emboline, Court of Appeal, 20 June 2025, Aarke v SodaStream Industries, Court of Appeal, 29 November 2024

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.