2026-05-27 - LD Paris - BMS Innovations v. BYD - UPC-CFI-0002070/2025

ENGLISH: Since the value of the action will be determined at the interim conference, following the closure of the written proceedings, it is premature to assess the value of the action for revocation at its highest possible amount for the purpose of determining recoverable costs. For this reason, it is proportionate and reasonable to take into account, at this stage of the proceedings, the value of the revocation action at the same amount as the value of the infringement action, i.e., a total amount of 8 million euros.

The Paris Local Division ordered the US claimant BMSI to provide EUR 300,000 security for costs under Rule 158 RoP and Art. 69(4) UPCA in BYD's defence to an infringement action. Applying the Court of Appeal's framework in Audi v Network System Technology (UPC_CoA_221/2024), the court noted that the defendant bears the burden of substantiating a legitimate and real concern that a costs order may be unrecoverable; here BMSI did not challenge BYD's evidence about its financial position and accepted it must provide security. On quantum, the court held that — because the value of the action is only fixed at the interim conference after closure of the written proceedings — it was premature to value the revocation counterclaim at its maximum (infringement value plus up to 50% under the Administrative Committee Guidelines); it was proportionate to value the counterclaim equal to the infringement action, giving a total case value of EUR 8 million, a recoverable-costs ceiling of EUR 600,000, and security at 50% of that ceiling, i.e. EUR 300,000.