Volkswagen v Network System Technologies (CoA, ORD_29903/2024, 22 May 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 22 May 2024 (UPC_CoA_218/2024, APL_25922/2024, App_29005/2024), 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 dismissing its application for security for costs in Network System Technologies’ (NST) infringement action on EP 1 875 683. Volkswagen relied on defence costs already incurred without security and still rising. The Court found no reason in this to shorten the respondent’s time to reply.

Question

Does an appellant that points to the growing cost of a defence conducted without security for costs justify expediting the appeal and shortening time periods under Rules 225(e) and 9.3(b) RoP?

Decision

The request is admissible and NST need not be heard (paragraphs 1 and 2). The respondent has 15 days from service of the statement of grounds of appeal to respond (Rules 235 and 224.2(b) RoP), and Rule 9.3(b) RoP allows a time period to be shortened only on a reasoned request (paragraphs 3 and 4). Volkswagen, which made the request with its statement of appeal 15 days after the impugned order was signed, did not explain why NST’s response was needed before that period expires. Having regard to NST’s interests and the principles of proportionality, fairness and equity, there is no reason to shorten it (paragraphs 5 and 6). As to the rest of the proceedings, the request is too unspecified and insufficiently substantiated (paragraph 7).

Key points for practice

• Practical point: the cost of defending the merits, even without security, is not in itself enough to have an appeal expedited, the appellant must show how each ordinary time period would harm its interests.

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

Related decisions

• Volkswagen AG, 22 May 2024, parallel order (UPC_CoA_222/2024, EP 1 552 669).
• Volkswagen AG, 22 May 2024, parallel order (UPC_CoA_220/2024, EP 1 552 399).
• Texas Instruments Deutschland, 22 May 2024, Texas Instruments’ request for expedition rejected the same day on the same grounds.

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.