Topics: R.158 RoP
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CoA, May 22, 2026, judgement by default, UPC_CoA_21/2026
For the purposes of R. 355.2 RoP the appellant is regarded as the claimant in the appeal proceedings: A decision by default against the defendant of the claim or counterclaim may only be given where the facts put forward by the claimant justify the remedy sought and the procedural conduct of the defendant does not…
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LD Düsseldorf, February 19, 2026, order on request for security for costs, UPC_CFI_541/2025 and UPC_CFI_1313/2025
Simply stating that a claimant’s registered office is located in Canada does not demonstrate that enforcing a cost order would be unduly burdensome and therefore does not justify an order for security for costs according to Art. 69(4) UPCA and R.158 RoP: Generally, the fact that the Claimant has its registered office in a country…
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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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LD Düsseldorf, September 6, 2024, panel review order re. security for costs, UPC_CFI_373/2023, ORD_48181/2024
Confirmation of legal standard: it is a discretionary decision to order a security for legal costs and other expenses; imposing of a security serves to protect the position and (potential) rights of the Defendant : Factors to be considered (following CoA, UPC_CoA_328/2024; CD Munich, UPC_CFI_252/2023; LD Paris, UPC_495/2023): financial position of the other party that…
3 min Reading time→
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