Maxeon Solar v Aiko Energy Germany (CFI, 29 July 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By a procedural order of 29 July 2025 (UPC_CFI_336/2024 and UPC_CFI_605/2024, App_25845/2025), the Düsseldorf Local Division (Judges Thomas, presiding and judge-rapporteur, Thom, Zhilova and Schmidt, technically qualified judge) ordered Maxeon Solar to provide, within six weeks, security of EUR 100,000 for a second group of defendants (Memodo, Libra Energy, VDH Solar Groothandel, PowerDeal and Coenergia) in its action for infringement of EP 3 065 184 against Aiko Energy and others. A first group had already obtained security in the same amount on 14 April 2025. Leave to appeal is granted.

Question

Is a late request for security by a second group of defendants admissible, and must the amount reflect those defendants’ share of the allegedly infringing sales?

Decision

It suffices that the claimant’s financial position gives rise to a legitimate and real concern that a costs order may not be recoverable or enforceable. The burden then shifts to the claimant (paragraph 14). Security may be requested at any time under Rule 158.1 RoP, so the late request is not an abuse (paragraph 15). Payment of the first security does not prove Maxeon’s financial soundness (paragraph 16). Security must not unduly restrict the right to an effective remedy (Article 47 of the Charter), but since the EUR 200,000 ceiling, for a value of EUR 2,000,000, is shared between the two groups, the burden remains reasonable (paragraphs 17 and 18). The defendants’ share of the amount in dispute is irrelevant, as each group must be able to defend itself on equal terms (paragraph 19).

Key points for practice

• Security may be sought at any stage. Where there are several groups of defendants, the costs ceiling is split between them and each may obtain its own security.

Provisions applied

Agreement on a Unified Patent Court

Art. 69(4)

Rules of Procedure

Rules 158.1, 158.4 and 355

Case law cited

AUDI v NST, Court of Appeal, 17 September 2024, Aarke v SodaStream, Court of Appeal, 29 November 2024, Arkyne v Plant-e Knowledge, The Hague Local Division, 13 February 2024

Related decisions

• Maxeon Solar v Aiko Energy Germany, 11 February 2026, later decision in the same proceedings.

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.