UPC Central Division Munich, 30 October 2023: Order to provide security for legal costs for an amount of EUR 300,000.  

03-11-2023 Print this page
IPPT20231030, UPC CFI, CD Munich, Nanostring v Harvard

Relevant factors when considering security for legal costs and expenses (Article 69(4) UPCA,  Rule 158 RoP).

A legitimate and real concern that a possible cost order might not be recoverable and/or the likelihood that a possible cost order by the UPC may not, or in an unduly burdensome way, be enforceable. 

 

It is for the party requesting a security order to bring forward facts and arguments why such an order is appropriate in a specific case.

 

Once facts and reasons in support of a security request have been brought forward in a credible way, it is up to the responding party to contest such facts and reasons in a substantiated way, especially since that party will normally have knowledge of and will be in the possession of evidence in relation to its financial position and (the location of) its assets. Order to provide security for legal costs and other expenses pursuant to Rule 158.1 RoP to the amount of EUR 300,000.  

 

Order to provide security for legal costs and other expenses pursuant to Rule 158.1 RoP to the amount of EUR 300,000. 

 

IPPT20231030, UPC CFI, CD Munich, Nanostring v Harvard