Hybridgenerator v HG System & Ors (UPC_CoA_233/2025)
Decision date:
04 June 2025
Osborne Clarke summary
- On 26 August 2024, a standing judge in the Copenhagen LD had granted Hybridgenerator's ex parte request for evidence seizure and inspection against the respondents. On 4 September 2024, the standing judge set a penalty of €5,000 a day for each respondent who did not comply with the order. The respondents lodged a request for a review of the decision that penalty payment could be payable for non-compliance under Rule 197.3 RoP. The decision was upheld by the LD, again by a single judge. The respondents appealed to the Court of Appeal.
- The respondents' appeal was successful. The Court of Appeal held that the LD should have been composed of a panel when issuing the order. Rule 1.2 RoP sets out the powers that can be exercised by the President, the judge-rapporteur or a standing judge alone unless the RoP state otherwise. However, Rule 354.4 RoP states that adjudication of a request for the imposition of periodic penalty payments can only be done by the panel.
- The Court of Appeal referred the case back to the Copenhagen LD to decide on Hybridgenerator's request that penalties be imposed on the respondents.
Issue
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