Brita v Ningbo Blue Pluser Appliance (CFI, 5 May 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 5 May 2026 (UPC_CFI_1881/2025), the Hamburg Local Division orders Ningbo Blue Pluser Appliance, which failed to comply with the information obligation in the provisional measures order of 9 December 2025 obtained by Brita (EP 2 131 940 B1), to pay a penalty of EUR 1,000 per day since 31 March 2026, and threatens a further penalty of EUR 1,500 per day for non-compliance after 5 May 2026. The order recalls that a penalty may be imposed only up to the amount previously announced, including in provisional measures proceedings.

Question

On what conditions and to what extent can a penalty be imposed (Rule 354.3 RoP) for failure to comply with an information obligation ordered on a provisional basis?

Decision

Imposing a penalty requires a prior threat, even though the first sentence of Rule 118.8 RoP does not apply to provisional measures. The order of 9 December 2025 contained none, the threat was made on 17 March 2026, at EUR 1,000 per day. Non-compliance is presumed culpable, and the length of the delay and the lack of cooperation justify that maximum. A step-up to EUR 1,500 per day can be ordered only after a fresh threat, and any future increase requires a new application. The respondent bears 90% of the costs, the value of the proceedings is set at EUR 50,000.

Key points for practice

• Practical point: ask in the application for provisional measures that the order itself provide for penalties, otherwise a separate threat must precede any imposition, and each step-up must be announced in advance.

Provisions applied

Rules of Procedure

Rules 118.8, 354.3 and 354.4

Case law cited

Belkin v Philips, Court of Appeal, 30 May 2025, Kodak v Fujifilm, Court of Appeal, 14 October 2025

Related decisions

• Brita v Ningbo Blue Pluser Appliance, 9 December 2025, provisional measures order being enforced.

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.