Snowpixie v Golf Tech Golfartikel Vertrieb (CFI, 27 January 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 27 January 2025 in the joined infringement action and counterclaim for revocation (UPC_CFI_244/2024 and UPC_CFI_786/2024), the judge-rapporteur of the Munich Local Division (Judge Pichlmaier) ordered the infringement claimant to provide, by 24 February 2025, security for costs of EUR 62,600, against the EUR 257,000 sought, and refused its application for legal aid. The published version does not name the parties. The order is of interest for scaling the amount down in the name of effective access to justice.

Question

Can security for costs be imposed on a small enterprise with an operating loss, and in what amount, without infringing its right of access to a court?

Decision

Following the Court of Appeal (UPC_CoA_217/2024), the judge held that the applicant discharges its burden by showing reasonable efforts to gather public information on the opponent’s finances (section A.3). The operating loss and the lack of sufficient assets justified security (section A.4). Starting from the EUR 112,000 ceiling, fairness and effective access to justice (Art. 69 and Art. 36(3) UPCA, Rules 370.8 and 376A.2) led the judge to take 50% for representation costs (EUR 56,000) and 60% of the counterclaim fee (EUR 6,600), with nothing for an appeal that remained hypothetical (section A.5). Legal aid was refused for want of need, leaving open whether legal persons may receive it (section B).

Key points for practice

• Security for costs may be set below the foreseeable costs where the claimant is a small enterprise.
• Practical point: the amount a party says it can provide may guide the judge and justify refusing legal aid.

Provisions applied

Agreement on a Unified Patent Court

Art. 36(3), Art. 69(1), Art. 71(1) and Art. 73

Rules of Procedure

Rules 158, 159, 220.2, 355, 370.8, 376A.2, 377 to 379 and 381.1

Case law cited

Court of Appeal (UPC_CoA_217/2024), ECtHR, 19 June 2001, Application no. 28249/95, CJEU, 10 March 2021, C-572/19 P

Related decisions

• SnowPixie, 27 January 2025, the same order published under another entry.

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.