Maxeon Solar v Aiko Energy Germany (CFI, 14 April 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By procedural order of 14 April 2025 (UPC_CFI_336/2024 and UPC_CFI_605/2024, App_48223/2024), the Düsseldorf Local Division (Judges Thomas, presiding and rapporteur, Thom, Zhilova and Schmidt) ordered Maxeon Solar, claimant in the infringement action on EP 3 065 184, to provide security of EUR 100,000 to Aiko Energy Germany, Solarlab Aiko Europe and Aiko Energy Netherlands (Defendants 1, 2 and 4), by deposit or bank guarantee within six weeks, rather than the EUR 123,200 sought. Leave to appeal was granted. The interest lies in how the costs ceiling is shared between groups of defendants.

Question

Did the claimant’s financial position justify security and, if so, how should the ceiling for recoverable costs be shared among several defendants?

Decision

Proof of either of the two conditions laid down by the Court of Appeal suffices (paragraph 14). Maxeon, in a very difficult financial position within its group, had not shown that it could bear the costs (paragraphs 15 and 16). The EUR 200,000 ceiling, based on a combined value of EUR 2,000,000, applies per instance and is not divided by the number of parties: it was split equally between two separately represented groups of defendants (paragraphs 17 and 18). The amount does not unreasonably impair the right to an effective remedy (paragraphs 20 and 21).

Key points for practice

• The ceiling for recoverable costs is shared between groups of defendants according to their representation and interests, not per head (paragraph 18).
• A claimant resisting security must substantiate its solvency with convincing evidence (paragraph 16).

Provisions applied

Agreement on a Unified Patent Court

Art. 69(4)

Rules of Procedure

Rules 152.1, 158.1 and 158.4

Other provisions

Administrative Committee guidelines on court fees and ceilings for recoverable costs (24 April 2023), Art. 1(2) and (3), Charter of Fundamental Rights of the European Union, Art. 47

Case law cited

AUDI AG v Network System, Court of Appeal, 17 September 2024, Aarke v SodaStream Industries, Court of Appeal, 29 November 2024, Plant-e v Arkyne, The Hague Local Division, 13 February 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.