UPC CFI LD Düsseldorf, 6 September 2024: Panel review of dismissal of security for cost dismissed

Request for panel review of dismissal of security for costs by judge-rapporteur dismissed (R. 333.1 RoP, R. 158 RoP)The judge-rapporteur correctly held that, under these principles, neither a financial risk nor a likelihood of unenforceability is presented to the Court. The Claimant, as part of the PepsiCo group, is financially able to comply with a decision on costs. This has not, in any event not sufficiently, been contested by the Defendant. In fact, the Defendant confirms in its Application (par. 6 “no insolvency risk is at hand”.) The fact that the Pepsico group is not a party to these proceedings (par. 29-30 Application) does not mean that the Claimant is unable to comply with a possible decision on costs. 

IPPT20240906, UPC CFI, LD Düsseldorf, Sodastream v Aarke