Knaus Tabbert v Erwin Härtwich (CoA, 21 May 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 21 May 2025 (UPC_CoA_365/2025), the Court of Appeal rejected all of Knaus Tabbert’s requests for suspensive effect of its appeal against the Düsseldorf Local Division’s decision of 10 April 2025, which had found infringement of EP 3 356 109 (caravan frames) and dismissed its counterclaim for revocation. The order matters for enforcement security: its absence is not a manifest error, and the claimant’s financial position must be raised at first instance.

Question

Does enforcement of a merits decision granted without security (Art. 82(2) UPCA) justify suspensive effect of the appeal or, at least, enforcement conditional on security?

Decision

The Court restated that suspensive effect remains exceptional: it requires a manifestly erroneous decision, an appeal rendered largely pointless by enforcement, or a breach of fundamental procedural rights (paragraphs 17 to 19). Security lies within the court’s discretion and is not required in every case, nor by Art. 9(6) of Directive 2004/48 (paragraphs 22 to 24), Knaus Tabbert, aware of the patent, took a calculated risk (paragraph 25). Yellow Sphere’s financial position had not been raised at first instance (paragraph 30). Damages are not enforceable until quantified (paragraph 33). A reference to the CJEU was refused (paragraph 34).

Key points for practice

• Enforcement security is not automatic: the defendant must put before the first instance court the facts that warrant it, in particular the claimant’s weak financial position (paragraph 30).
• Practical point: an insolvency risk argument should be made in the written procedure on the merits, raised for the first time on appeal, it will not secure suspensive effect.

Provisions applied

Agreement on a Unified Patent Court

Arts 74(1) and 82(2)

Rules of Procedure

Rules 102.1, 125.1, 222.2 and 223

Directive 2004/48/EC

Art. 9(6)

Case law cited

Meril v Edwards, 18 January 2024, Sibio v Abbott Diabetes Care, 19 August 2024, Koninklijke Philips v Belkin, 29 October 2024, Sumi Agro v Syngenta, Court of Appeal, 3 March 2025

Related decisions

• Erwin Härtwich v Knaus Tabbert AG, 10 April 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.