UPC CFI, LD Hamburg, 30 May 2025: Defendant in infringement action is not to provide security, except when counterclaiming for revocation

Defendants to provide security for the Claimant’s legal costs in the (total) amount of € 75.000 regarding the counterclaim for revocation (Article  69(4) UPCA, R. 158 RoP). 

Article 69(4) UPCA does not provide for an obligation on the part of the Defendant to provide security. 

 A Claimant can request a Defendant to provide security for costs to the extent that it concerns the counterclaim for revocation as a Defendant acting as Counterclaimant falls within the scope of Art. 69(4) UPCA

IPPT20250530, UPC CFI, LD Hamburg, Visibly v Easee