Chint New Energy Technology v JingAo Solar (CFI, 19 March 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 19 March 2025 (UPC_CFI_425/2024, App_54919/2024), Judge-rapporteur Pichlmaier of the Munich Local Division ordered JingAo Solar, claimant in the infringement action on EP 2 787 541, to provide by 30 April 2025 security for costs of EUR 200,000 in favour of Chint New Energy Technology and the five other defendants, by a bank guarantee on first demand or by deposit into the UPC’s account. Failing that, a decision by default may be given (Rule 355).

Question

Does the claimant’s seat in China justify an order for security for costs?

Decision

A seat outside the EU and the EEA cannot in itself be decisive, as that would amount to a priori discrimination based on the nationality of the seat. Under the Court of Appeal’s case law (UPC_CoA_217/2024), there must be a legitimate and real concern that a costs order may not be enforceable, or only in an unduly burdensome way. Although China has ratified the Hague Service Convention, service requests are often not forwarded or are returned, as has happened before the UPC itself (UPC_CFI_332/2024, UPC_CFI_508/2023 and UPC_CFI_509/2023). For a state that fails to meet its Convention obligations, it must be assumed that a UPC costs order would be unenforceable or enforceable only with undue difficulty. The amount reflects the costs recoverable for a value in dispute of up to EUR 2 million.

Key points for practice

• Practical point: a defendant seeking security against a Chinese claimant should document concrete difficulties of service and enforcement in China rather than rely on the seat alone.

Provisions applied

Agreement on a Unified Patent Court

Arts 69(4) and 73

Rules of Procedure

Rules 158, 220.2 and 355

Other provisions

Hague Service Convention

Case law cited

Court of Appeal, UPC_CoA_217/2024, Mannheim Local Division, UPC_CFI_332/2024, UPC_CFI_508/2023 and UPC_CFI_509/2023

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.