10x Genomics v Curio Bioscience (CFI, 20 February 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By procedural order of 20 February 2025 (UPC_CFI_463/2023, ACT_590953/2023, App_2588/2025), the judge-rapporteur of the Düsseldorf Local Division (Presiding Judge Thomas) ordered the Registry to repay to 10x Genomics the EUR 2,000,000 security deposited for enforcement of the provisional measures granted on 30 April 2024 against Curio Bioscience (EP 2 697 391), a bank guarantee having since been provided. The order confirms that a party may replace a cash deposit with a bank guarantee.

Question

Can an applicant that lodged enforcement security as a cash deposit obtain its repayment after providing a bank guarantee?

Decision

Yes. Following Ortovox v Mammut, Düsseldorf Local Division, 5 August 2024, the judge-rapporteur held that the resulting double security can justify a corresponding release, although the applicant’s choice is not unlimited and must be weighed against the interests of the applicant, the defendant and the court. 10x Genomics had a legitimate interest in depositing cash first, so as to enforce the measures promptly, since a bank guarantee could not be obtained as quickly, its US bank not being directly supervised by the ECB. The deposit being economically disadvantageous and the bank guarantee, delivered on 19 December 2024, duly provided, the Registry must repay the sum (Rule 352.2 and Rule 45.3 of the Registry Rules), but only once the time limit for requesting panel review (Rule 333.2) has expired without a request. Curio Bioscience had not commented.

Key points for practice

• A cash deposit can serve as a stopgap to allow immediate enforcement, then be replaced by a bank guarantee.
• Practical point: an application for repayment should explain why the original form of security was chosen and prove that the replacement guarantee has been duly provided.

Provisions applied

Rules of Procedure

Rules 333.2, 352.2 and 354.1

Case law cited

Ortovox v Mammut, Düsseldorf Local Division, 5 August 2024 (UPC_CFI_452/2023).

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.