Easee v Visibly (CoA, 26 June 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 26 June 2025, the Court of Appeal (Kalden, Rombach, Simonsson) granted suspensive effect to the appeal of Easee’s managing director against the Hamburg Local Division’s order of 30 May 2025 requiring EUR 75,000 security for costs in respect of the counterclaim for revocation of EP 3 918 974, and provisional suspensive effect to the appeal of the bankrupt Easee companies (UPC_CoA_542/2025). The impugned order was manifestly wrong in light of AorticLab v Emboline: security may only be ordered in favour of the defendant.

Question

Should an order requiring a defendant, as counterclaimant for revocation, to provide security for costs to the patentee be deprived of effect pending appeal?

Decision

Suspensive effect remains exceptional under Art. 74(1) UPCA, it is justified where the impugned order is manifestly erroneous or enforcement would render the appeal largely pointless (paragraphs 12 and 13). Art. 69(4) UPCA does not allow security to be ordered at the claimant’s request, even in response to a counterclaim for revocation. The error is manifest (paragraphs 14 to 16) and no irreparable harm need be shown (paragraph 17). The insolvent companies obtain provisional suspensive effect pending a ruling on their counsel’s authority (paragraphs 18 and 19). No costs decision was made (paragraph 20).

Key points for practice

• Practical point: a patentee cannot obtain security for costs against the defendant, even in respect of a counterclaim for revocation, an order to the contrary may be suspended on appeal without proof of irreparable harm.

Provisions applied

Agreement on a Unified Patent Court

Art. 69(4), Art. 74(1)

Rules of Procedure

Rule 223

Case law cited

Meril v Edwards, 18 January 2024, ICPillar, 19 June 2024, Sibio v Abbott Diabetes Care, 19 August 2024, Ocado Innovation v Third Party, 6 November 2023, Progress Maschinen & Automation, 2 May 2024, Koninklijke Philips v Belkin, 29 October 2024, AorticLab v Emboline, 20 June 2025

Related decisions

• Visibly, 30 May 2025, security for costs order under appeal.
• Easee, 26 June 2025, stay of the first instance proceedings for insolvency.
• Easee v Visibly, 1 July 2025, stay of the appeals.

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.