Yves Prevoo v Visibly (CFI, 18 December 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 18 December 2024 (UPC_CFI_525/2024, ACT_51510/2024), the judge-rapporteur of the Hamburg Local Division dismissed the preliminary objection raised by Yves Prevoo, managing director of the defendant Easee B.V., and by Easee Holding B.V., its parent company, in Visibly Inc.’s action for infringement of EP 3 918 974 directed at an online eye test. The UPC has jurisdiction over a director’s personal liability. Whether the director is in fact liable is a matter for the merits.

Question

Do the UPC and the Hamburg Local Division have jurisdiction over the Dutch managing director and parent company of a company accused of infringement through a website accessible in Germany?

Decision

Alleged infringement is a matter relating to tort within Art. 7(2) of the Brussels I recast Regulation, which applies to the UPC as a common court (Art. 71a and Art. 71b(1)), including for a director’s personal liability, in line with the Court of Appeal order of 3 September 2024 (section 1). The likelihood of damage arises from the accessibility in Germany of the first defendant’s website, even if the server is located elsewhere. Whether the director acted as de facto director and whether the parent exerted binding influence, both sufficiently alleged, are merits questions, as is attribution of the infringement (section 1(c) and (d)). Hamburg is competent under Art. 33(1)(a) UPCA (section 2). Costs follow the main proceedings.

Key points for practice

• A director and a parent company may be sued before the local division where the alleged infringement occurs, with their liability left to the merits.
• Practical point: a preliminary objection is not the place to contest a director’s personal liability, that defence belongs in the statement of defence.

Provisions applied

Agreement on a Unified Patent Court

Art. 32(1)(a), Art. 33(1)(a) and (b) and Art. 63(1)

Rules of Procedure

Rules 19.1 and 220.2

Regulation (EU) No 1215/2012

Art. 7(2), Art. 71a and Art. 71b(1)

Case law cited

Court of Appeal, 3 September 2024 (UPC_CoA_188/2024), Munich Local Division (UPC_CFI_390/2023)

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.