UPC CoA 542/2025

At the UPC: Easee B.V. (9 cases)·Visibly Inc. (9 cases)

• 2025-07-01
  Public

  Summary: Order from the Court of Appeal (UPC_CoA_542/2025 and UPC_CoA_526/2025) staying appeal proceedings concerning security for costs in full, following the insolvency of the Easee companies. Both Easee and Visibly had cross-appealed the Hamburg Local Division's order requiring EUR 75,000 security for the revocation action. The Court of Appeal stayed both appeals pursuant to R. 295m RoP due to insolvency proceedings regarding the Easee companies.

  Show the legal issues (3)

  • Stay of proceedings due to insolvency (R. 295m RoP)
  • Security for costs
  • Cross-appeals on security for costs order
• 2025-06-26
  Application RoP 223Public

  Summary: 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.

  Show the legal issues (4)

  • 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 appellant
  • Obvious legal error threshold for suspensive effect