Hurom v NUC Electronics (CoA, 6 June 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

The Court of Appeal refused suspensive effect for NUC Electronics’ appeal against the Mannheim Local Division’s decision of 11 March 2025, which found infringement of EP 2 028 981 and ordered NUC to give Hurom information on origin, distribution channels, quantities, prices and third parties involved. An information order under Art. 67 UPCA will be suspended only in exceptional circumstances, and reliance on trade secrets is not enough to show them.

Question

Should an appeal against a merits decision ordering information under Art. 67 UPCA have suspensive effect (Art. 74(1) UPCA and Rule 223)?

Decision

Suspensive effect requires exceptional circumstances, such as a manifestly erroneous decision or an appeal that would become devoid of purpose, and the applicant bears the burden (paragraphs 15 to 17). Art. 67, which mirrors Art. 8 of Directive 2004/48, serves a high level of protection, so suspending an information order remains exceptional (paragraphs 18 to 20).

NUC showed neither a manifest error nor that the appeal would lose its purpose, and its confidentiality interests did not outweigh Hurom’s interest in prompt information (paragraph 21). The Local Division had already found no risk of misuse, and the impugned decision limits how the information may be used (paragraphs 22 and 23). The application was dismissed.

Key points for practice

• A defendant ordered to provide information must comply pending appeal unless it shows concrete irreparable harm or a manifest error (paragraphs 17 and 21).
• The use restrictions in the merits decision are among the safeguards the court takes into account (paragraph 23).

Provisions applied

Agreement on a Unified Patent Court

Arts 58, 67 and 74(1)

Rules of Procedure

Rules 223 and 262A

Directive 2004/48/EC

Art. 8

Case law cited

Sibio v Abbott, 19 August 2024, Bhagat v Oerlikon, 16 January 2025, ICPillar v ARM, 19 June 2024

Related decisions

• NUC Electronics Europe v Hurom, 2 June 2025, dismissal of a confidentiality request over the information to be provided in the parallel action UPC_CFI_159/2024.

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.