2024-02-13 - LD The Hague - Plant-e Knowledge v. Arkyne Technologies - UPC_CFI_239/2023
- Aktenzeichen:
- UPC_CFI_239/2023
- Datum:
- Spruchkörper:
- Court of First Instance - The Hague (NL) Local Division
- Art:
- Order
- Parteien:
- Plant-e, Plant-e Knowledge v. Arkyne Technologies S.L.
Kernaussage: Application of defendant to order the claimants to provide security for legal costs (R.
2024-02-13 - LD The Hague - Plant-e Knowledge
v.
Arkyne Technologies - UPC_CFI_239/2023
Application of defendant to order the claimants to provide security for legal costs (R. 158 RoP) is rejected. Enforceability. Brussel I Regulation. Balance of interests of SME’s.
notable
The Hague Local Division rejected Bioo's R. 158 RoP application for €200,000 security for costs against Netherlands-based SME claimants Plant-e. The panel held that a cautio iudicatum solvi is generally not justified where the claimant is resident in a Contracting Member State, because UPC cost orders are directly enforceable under Art. 82 UPCA and Art. 71a/71d Brussels I Regulation. Material unenforceability based on the claimant's financial position warrants security only in exceptional circumstances, especially where both parties are competing SMEs — imposing a cautio would undermine access to justice and the UPCA's objective of facilitating SME patent enforcement. The decision distinguishes the CD Munich precedent (UPC_CFI_252/2023) where security was granted against a non-EU claimant without enforcement-treaty coverage. Leave to appeal was granted given the broader significance of the issue.
Stichwörter
R. 158 Application rejected.