2025-06-26 - CoA - Easee et al. v. Visibly - UPC_CoA_542/2025

Aktenzeichen:
UPC_CoA_542/2025
Datum:
Spruchkörper:
Court of Appeal - Luxembourg (LU)
Art:
Order
Parteien:
Easee B.V., ***, Easee Holding B.V. v. Visibly Inc.

Kernaussage: The Court of Appeal ordered an appeal against an order to provide a security for costs to have suspensive effect, stating that the CFI's order was manifestly erroneous because a security could not be ordered on a Defendant and counterclaimant.

2025-06-26 - CoA - Easee et al. v. Visibly - UPC_CoA_542/2025
🏛️Court of Appeal - Luxembourg (LU)• Order
📅2025-06-26
🔢UPC_CoA_542/2025
Parteien & Vertreter
Kläger / Berufungsführer
Name not displayed for GDPR reasons. Represented by Wim MAAS
Easee B.V.
Easee Holding B.V.
Wim MAAS
Beklagter / Berufungsbeklagter
Visibly Inc.
Marc GRUNWALD
📋n/A
⚖️Application Rop 223
🌐English

The Court of Appeal ordered an appeal against an order to provide a security for costs to have suspensive effect, stating that the CFI's order was manifestly erroneous because a security could not be ordered on a Defendant and counterclaimant. The CoA had to differentiate for different parties, one being the managing director and the other ones being companies that have become bankrupt in the meantime. Additionally, it was contested that the representative possessed power of attorney following the bankruptcy; in this regard the CoA ordered provisional suspensive effect until said issue could be resolved.

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