UPC CoA 542/2025

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.

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.