Suinno Mobile & AI Technologies Licensing v Microsoft (CoA, 22 May 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By decision of 22 May 2026 (UPC_CoA_21/2026), the Court of Appeal gave a decision by default against Suinno Mobile & AI Technologies Licensing Oy, which had failed to provide the EUR 600,000 security for costs ordered on 7 April 2026 in its appeal against the Paris Central Division’s decision of 7 January 2026 revoking EP 2 671 173 on Microsoft Corporation’s counterclaim. The appeal was dismissed without any review of the merits. The Court held that Rule 355.2, which requires the claimant’s facts to be checked, does not protect a defaulting appellant.

Question

Where the respondent seeks a decision by default against an appellant that has not provided security for costs, must the Court verify under Rule 355.2 that the appeal could succeed?

Decision

Rule 158.5 allows a decision by default under Rule 355 where security is not provided in time (paragraph 12). Rule 355.2 applies only to a decision by default against the defendant to a claim or counterclaim (paragraphs 14 to 16). Since Rule 357 applies Rules 355 and 356 on appeal, the appellant is treated as the claimant: Rule 355.2 does not apply and the Court need not examine whether the appeal is well founded (paragraph 17). Suinno, warned on 7 April 2026, provided no security and put forward no exceptional circumstances (paragraphs 18 to 21). The appeal was dismissed and Suinno was ordered to bear the costs of the appeal (paragraphs 23 and 24). An application to set the decision aside may be lodged within one month of service (Rule 356.1).

Key points for practice

• An appellant that fails to provide security for costs risks having its appeal dismissed by default, with no review of its grounds, absent exceptional circumstances (paragraphs 17 and 21).

Provisions applied

Rules of Procedure

Rules 158.5, 355, 356 and 357

Case law cited

Microsoft v Suinno, Court of Appeal, 12 July 2025 (UPC_CoA_363/2025), Meril v SWAT Medical, Court of Appeal, 5 May 2025 (UPC_CoA_634/2024), Suinno v Microsoft, Court of Appeal, 7 April 2026

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.