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UPC APP 586761/2023

EP2137782 · DEVICE AND METHOD FOR CONVERTING LIGHT ENERGY INTO ELECTRICAL ENERGY

Case details
Status
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Action
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Category
Other procedural
Parties
Claimants
Representatives
Respondents
Representatives
Division
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Technology
  • Electrical engineering
    Electrical machinery, apparatus, energy
Language
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All UPC124
Judge Edger BrinkmanLocked
Judge Samuel GranataLocked
Judge Margot KokkeLocked

At the UPC: Plant-e Knowledge B.V. (9 cases)·Arkyne Technologies S.L. (9 cases)

Decisions
  • 2024-02-13

    Summary: The Hague Local Division rejected Arkyne Technologies' (Bioo) application under Rule 158 RoP requiring Plant-e to provide security for legal costs, finding that the financial strain a cautio would impose on the claimant (a competing SME with limited finances) would be a serious impediment to access to justice, and also noting that Dutch national law does not permit security for costs against EU-domiciled claimants.

    Show the legal issues (5)
    • Rule 158 RoP: security for legal costs (cautio judicatum solvi)
    • Art. 69(4) UPCA: costs security
    • Access to justice for SMEs
    • Brussels Ibis Regulation and enforceability considerations
    • Influence of national law on UPC security for costs
Documents
  • 2024-02-13%20LD%20The%20Hague%20UPC_CFI_239_2023%20ORD_586897_2023%20App_586761_2023%20anonymized.pdf2024-02-13EN