CoA Luxemburg, August 26, 2024, Order concerning a request for security for costs of a party in the Court of Appeal, CoA_328_2024

Article 69(4) UPCA provides that, at the request of the defendant, the Court may order the applicant to provide adequate security for the legal costs and other expenses incurred by the defendant which the applicant may be liable to bear, in particular in the cases referred to in Articles 59 to 62 UPCA. Article 69(4) UPCA is not limited to the proceedings at first instance. The principles underlying the provision on security for costs under Art. 69(4) UPCA apply equally to first instance and appeal proceedings. R.158 RoP makes the possibility of obtaining such an order a reality, by providing that at any time during proceedings, following a reasoned request by one party, the Court may order the other party to provide, within a specified time period, adequate security for the legal costs and other expenses incurred and/or to be incurred by the requesting party, which the other party may be liable to bear. R.222.2(a) RoP ensures, as far as is relevant here, that a party can make a request, not submitted before the Court of First Instance, for an order for security for costs before the Court of Appeal, provided that the party can justify that the request could not reasonably have been made during proceedings before the Court of First Instance.