SodaStream Industries v Aarke (CFI, 5 August 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 5 August 2024 (UPC_CFI_373/2023, ACT_580849/2023, App_35905/2024), the judge-rapporteur of the Düsseldorf Local Division (Dr Thom) dismissed Aarke’s request for EUR 400,000 security for costs against SodaStream Industries, an Israeli company, in the infringement action on EP 1 793 917. The order makes clear that a claimant’s seat in a state where enforcement of UPC decisions is uncertain is not enough on its own to justify security.

Question

Does a claimant’s seat in Israel, absent a treaty securing enforcement of UPC decisions, justify security for costs under Rule 158.1 RoP?

Decision

The judge applies the criteria used by the UPC: the other party’s financial position and the risk that a costs order would be unrecoverable or unduly burdensome to enforce, security being intended to protect the defendant’s position. SodaStream’s ability to pay costs is undisputed. The Hague Convention on Civil Procedure of 1 March 1954 may not secure recognition of UPC decisions in Israel, but this does not create an unacceptable burden or uncertainty for the defendant, and the Israeli seat is not enough on its own. Aarke’s doubts about compliance were unsubstantiated: enforcing an IP right is not abusive. The order is open to panel review under Rule 333 RoP.

Key points for practice

• Practical point: a defendant seeking security for costs against a claimant based outside the EU must show a concrete risk of non-recovery, uncertainty over enforcement does not suffice where solvency is undisputed.

Provisions applied

Rules of Procedure

Rules 158.1 and 333

Other provisions

Hague Convention on Civil Procedure of 1 March 1954, Art. 17

Case law cited

Edwards Lifesciences v Meril, Munich Local Division, 29 September 2023, President and Fellows of Harvard College v NanoString, Munich Central Division, 30 October 2023, Paris Local Division, 21 May 2024, UPC_495/2023

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.