UPC APP 28639/2025

—·EP3918974: COMPUTERIZED REFRACTION AND ASTIGMATISM DETERMINATION

Case details: Status
—
Action
Procedural application
Category
Case Management Orders
Parties: Claimants
Visibly Inc.
Reps: Marc Grunwald (Peterreins Schley); Malte Frese (Hemmer Lindfeld Frese)
Respondents
Easee B.V.
Managing director (anonymised)
Easee Holding B.V.
Reps: Wim Maas (Taylor Wessing)
Division: Court of Appeal
Judges: Rian Kalden · Presiding judge and legally qualified judge
Patricia Rombach · Legally qualified judge and judge-rapporteur
Ingeborg Simonsson · Legally qualified judge
Technology: Pharmaceutical & Medical
Language: —
First decided: Jun 26, 2025

Decisions

2025-06-26
Application Rop 223
The Court of Appeal (Panel 2: Kalden, Rombach, Simonsson) granted suspensive effect to the managing director's appeal and provisionally granted suspensive effect to the Easee companies' appeal pending clarification of their representation authority (following insolvency), against the Hamburg Local Division's order requiring Easee to provide security for legal costs of EUR 75,000 for the revocation counterclaim proceedings. The court found the managing director's arguments on the impermissibility of security for costs for defendants in revocation proceedings raised an obvious legal error.
Legal issues:Suspensive effect of appeal against security for costs order (R. 223 RoP)Security for costs in revocation counterclaim proceedings (R. 158 RoP)Representation authority during insolvency of appellantObvious legal error threshold for suspensive effect

Documents