Volkswagen v Network System Technologies (CoA, ORD_29914/2024, 22 May 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 22 May 2024 (UPC_CoA_220/2024, APL_25924/2024, App_28999/2024), the Court of Appeal (second panel) rejected Volkswagen’s request to expedite its appeal against the Munich Local Division’s order of 23 April 2024 (UPC_CFI_515/2023), which had dismissed its application for security for costs against Network System Technologies (NST), proprietor of EP 1 552 399. An unreasoned request for expedition does not lead to the ordinary appeal time limits being shortened.

Question

Should the Court of Appeal expedite the appeal and shorten time limits (Rules 225(e) and 9.3(b) RoP) because Volkswagen had already incurred significant costs, without security, for its statement of defence on the merits and those costs were still rising?

Decision

The request was admissible and NST did not need to be heard (paragraphs 1 and 2). The respondent has 15 days from service of the statement of grounds of appeal to lodge its statement of response (Rules 235 and 224.2(b) RoP), and Rule 9.3(b) RoP allows a time period to be shortened on a reasoned request (paragraphs 3 and 4). Volkswagen, which filed the request with its statement of appeal 15 days after the impugned order was signed, did not explain why NST’s response was needed sooner. Having regard to NST’s interests and the principles of proportionality, fairness and equity, the court saw no reason to shorten that period (paragraphs 5 and 6). The request concerning later time limits was too unspecific and insufficiently substantiated at this stage (paragraph 7).

Key points for practice

• Practical point: relying on the cost of a defence conducted without security is not enough, a request for expedition must explain why each time limit should be shortened.

Provisions applied

Agreement on a Unified Patent Court

Art. 69(4)

Rules of Procedure

Rules 9.3(b), 158.1, 224.2(b), 225(e) and 235

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.