Topics: Art. 69(4) UPCA
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CoA, November 29, 2024, order on relevant criteria for security for costs (R.158 RoP), UPC_CoA_548/2024
When deciding on a request for security for costs– failing any guarantees or other special circumstances, it is not relevant whether the claimant belongs to a – financially sound – group of companies. It is only the financial position of the claimant itself that is relevant;– it is not relevant whether a claimant is willing…
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CoA, November 27, 2024, Order on a request for discretionary review of an order on security for costs (R.220.3 RoP), UPC_CoA_651/2024
With this order, the Court of Appeal allows leave to appeal on the question whether the judge-rapporteur can decide alone on security for costs of a party and deny leave to appeal.: In the case at hand, the Mannheim Local Division ordered, with reference to Art. 69(4) UPCA and R.158 RoP, Claimant Total Semiconductor to…
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CoA, September 17, 2024, order of the Court of Appeal concerning security for costs, UPC_CoA_217/2024 et. al.
Standard and its application to the case at hand: The Court, when exercising its discretion under Art. 69(4) UPCA and R.158 RoP, must determine, in light of the facts and arguments brought forward by the parties, whether the financial position of the Claimant gives rise to a legitimate and real concern that a possible order…
4 min Reading time→

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