Leap Tools v Wizart (CFI, 19 February 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 19 February 2026, given in proceedings UPC_CFI_541/2025 and UPC_CFI_1313/2025 concerning EP 3 859 566, the Düsseldorf Local Division dismissed Wizart’s request that Leap Tools, a Canadian company with no presence in the UPC territory, provide EUR 300,000 as security for costs. The order restates that a seat outside the EU is not enough and that the burden lies on the party seeking security.

Question

Do a claimant’s seat in Canada and estimated revenue below EUR 20 million justify security for costs under Art. 69(4) UPCA and Rule 158?

Decision

The request was admissible but unfounded (paragraph 8). Security requires that the other party’s financial position give rise to a legitimate and real concern that a costs order may not be recoverable or enforceable, or that enforcement would be unduly burdensome. The party seeking security must substantiate this, including by evidence of the foreign law and its application (paragraphs 9 to 11). A registered office outside the EU or EEA is relevant, but merely referring to it is insufficient, and Wizart offered no evidence on Canadian law (paragraph 13). Revenue below EUR 20 million does not in itself indicate financial instability (paragraph 14).

Key points for practice

• A security request based on enforcement abroad must be supported by evidence of the relevant State’s law and its application (paragraphs 11 and 13).
• Practical point: relying only on a non-European seat or modest revenue exposes a security request to dismissal (paragraphs 13 and 14).

Provisions applied

Agreement on a Unified Patent Court

Art. 69(4)

Rules of Procedure

Rule 158

Case law cited

Volkswagen v NST, Court of Appeal, 17 September 2024 (UPC_CoA_218/2024), Chint New Energy v JingAo Solar, Court of Appeal, 9 July 2025, Aarke v SodaStream, Court of Appeal, 29 November 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.