Network System Technologies v AUDI (CoA, 19 February 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 19 February 2025 (UPC_CoA_217/2024, UPC_CoA_219/2024 and UPC_CoA_221/2024), the presiding judge and judge-rapporteur of the Court of Appeal ordered the full return of the security for costs (EUR 100,000, EUR 100,000 and EUR 300,000) deposited on 1 October 2024 by Network System Technologies in its infringement actions against AUDI before the Munich Local Division (EP 1 875 683, EP 1 552 399 and EP 1 552 669). The local division had permitted the withdrawal of those actions and declared the proceedings closed.

Question

On what basis can security for costs be released where the actions in which it was ordered have been withdrawn?

Decision

Rule 352.2 provides for release of security by order on a party’s application. It concerns security for enforcement, but the Court applied it by analogy to security for costs ordered under Art. 69(4) UPCA and Rule 158.1, since the infringement actions had been withdrawn. The amounts are returned in full. The order gives no further reasons.

Key points for practice

• After withdrawal, a claimant may ask the court that ordered the security to release it, relying on Rule 352.2 by analogy.

Provisions applied

Agreement on a Unified Patent Court

Art. 69(4)

Rules of Procedure

Rules 158.1 and 352.2

Case law cited

Audi v Network System Technologies, Court of Appeal, 17 September 2024, the orders imposing the security

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.