Visibly v Easee (CFI, 30 May 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 30 May 2025, the Hamburg Local Division ordered Easee B.V., Yves Prevoo and Easee Holding B.V. to provide joint security of EUR 75,000 for the costs of Visibly, proprietor of EP 3 918 974 (UPC_CFI_525/2024). It refused the claimant any security for the infringement action itself but allowed it in respect of the revocation counterclaim. Leave to appeal was granted.

Question

May a claimant in an infringement action obtain security for costs from the defendant, and on what conditions?

Decision

Art. 69(4) UPCA refers to a request by the defendant. Since the Agreement prevails over the Rules (Art. 41(1)), Rule 158.1 cannot be read as giving the claimant security for the main action, and Art. 14 of Directive 2004/48 does not govern the conditions for security. For the counterclaim, however, the defendant acts as claimant and falls within Art. 69(4). The relevant criterion is the risk of insolvency, which the applicant must substantiate. The 2023 accounts filed were not rebutted, and SME status does not rule out security. The ceiling on recoverable costs is guidance only: EUR 75,000 was held proportionate, having regard to the defendant’s right to an effective defence (sections 1 to 3).

Key points for practice

• A claimant proprietor can obtain security for costs only in respect of the revocation counterclaim.
• The amount results from a balancing exercise: the order set EUR 75,000 where the claimant sought EUR 112,000 and the defendants offered EUR 10,000.

Provisions applied

Agreement on a Unified Patent Court

Arts 41(1), 69(4) and 73

Rules of Procedure

Rules 158.1, 158.5, 220.2, 331.2 and 355.1(a)

Directive 2004/48/EC

Art. 14

Case law cited

Audi v NST, Court of Appeal, 17 September 2024, Aarke v SodaStream, Court of Appeal, 29 November 2024, Plant-e v Arkyne, The Hague Local Division, 13 February 2024, Düsseldorf Local Division, 3 December 2024 (UPC_CFI_140/2024), Vienna Local Division, 30 July 2024 (UPC_CFI_33/2024), Munich Local Division, 23 April 2024 (UPC_CFI_513/2023), Hamburg Local Division, 1 November 2024, Düsseldorf Local Division, 27 December 2024

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.