Hybridgenerator v HGSystem ApS etc (CFI, 5 December 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 5 December 2025, given by the full panel after remittal by the Court of Appeal, the Copenhagen Local Division ordered HGSystem ApS, HGSystem Holding ApS, Infotech Concept ApS and Infotech Holding ApS jointly to pay the Court a penalty of EUR 67,500 for providing, 36 days late, the access codes required under a preservation of evidence order (EP 4 238 202 B1). As a penalty also has a punitive function, it may be imposed even where the obligation has ultimately been complied with.

Question

Can a penalty set at EUR 5,000 per day until access codes are provided be imposed after late compliance, and on what criteria should the amount be set?

Decision

Yes. The delay was 36 calendar days from service of the penalty order (Rule 300): 18 days with no disclosure at all, then 18 days during which access to the seized computer was still missing. The respondents could have disclosed most of the information when the bailiff executed the measure and showed no circumstance preventing them. The breach was serious, as it partly defeated the purpose of the measure. Starting from the rate in the order and taking account of fairness, proportionality, seriousness, duration and the absence of any evidence of ability to pay, the division set EUR 2,500 per day for the first period and EUR 1,250 per day for the second.

Key points for practice

• Late compliance does not extinguish the penalty: the Court adjusts the amount within the limit set by the original order.
• Practical point: a party subject to preservation of evidence should provide the requested access without delay, or show concretely why it cannot.

Provisions applied

Agreement on a Unified Patent Court

Arts 60, 62(1), 73 and 82(4)

Rules of Procedure

Rules 197.3, 220, 300 and 354

Case law cited

Kodak v Fujifilm, Court of Appeal, 14 October 2025, Belkin v Koninklijke Philips, Court of Appeal, 30 May 2025, Hybridgenerator v Infotech Concept, Court of Appeal, 4 June 2025

Related decisions

• Hybridgenerator v HGSystem, 3 March 2025, single judge order partly set aside by the Court of Appeal.

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.