BMS Innovations v BYD (CFI, UPC_CFI_2228/2025, 27 May 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 27 May 2026 in UPC_CFI_2228/2025 and UPC_CFI_1546/2026, the judge-rapporteur of The Hague Local Division ordered BMS Innovations, which is suing several BYD group companies for infringement of EP3393001, to provide security of EUR 350,000 for the costs of the infringement action and the counterclaim for revocation. As the principle of security was not disputed, the order deals only with amount, form and time limit, with brief reasons.

Question

How should security under Rule 158 RoP be set where the parties agree on the value of the infringement action but differ on the value of the counterclaim, which has not yet been determined?

Decision

BYD sought EUR 400,000 within three weeks. BMS Innovations did not oppose security but proposed EUR 300,000 within seven weeks (paragraph 6). The judge held that security is set at 50% of the value of the proceedings. Since the parties’ difference lay in their assessment of the counterclaim and the correct value could not yet be determined, the amount was fixed at EUR 350,000 (paragraph 7). As BMS Innovations could have prepared from its response of 28 April 2026, four weeks was considered reasonable (paragraph 8). Security is to be provided by deposit into the UPC account for security or by a guarantee from a bank licensed in the European Union. Failing that, a decision by default may be given (Rule 355 RoP).

Key points for practice

• Where the value of the counterclaim is still in dispute, the court may settle on an amount between the parties’ proposals.
• Practical point: a party that does not dispute security should prepare from the date of its response, since the time limit is assessed from then.

Provisions applied

Rules of Procedure

Rules 158 and 355

Related decisions

• BMS Innovations v BYD, 19 May 2026, earlier order on the preliminary objection, declining jurisdiction over BYD (U.K.).

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.