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UPC APP 586761/2023
—·EP2137782: DEVICE AND METHOD FOR CONVERTING LIGHT ENERGY INTO ELECTRICAL ENERGY
- Case details
- Status—ActionProcedural applicationCategoryOther Procedural
- Parties
- Division
- The Hague LD
- Judges
- Edger Brinkman · Presiding judge
- Samuel Granata · Legally qualified judge
- Margot Kokke · Judge-rapporteur
- Technology
- Electrical Components
- Language
- —
- First decided
- Feb 13, 2024
Decisions
- 2024-02-13CostsGeneric application
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.
Legal issues:Rule 158 RoP: security for legal costs (cautio judicatum solvi)Art. 69(4) UPCA: costs securityAccess to justice for SMEsBrussels Ibis Regulation and enforceability considerationsInfluence 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