UPC CoA, 12 July 2025: discretion of first instance in setting amount of security

Central Division has not exceeded the boundaries of its discretion in setting the amount of the security equal to 50% of the ceiling, meaning at € 300,000 (R. 158 RoP). Suinno's argument that the security for costs is "not commensurate with the real work it takes to communicate non-infringement or lack of validity to the Court" is not sufficiently substantiated. Its argument that a security for costs in the amount of € 100,000 is consistent with other security for costs already granted in the UPC do not give more reason to decrease the amount of the security for costs either, as it does not address the amount of legal costs and other expenses to be incurred by Microsoft in this particular case.

IPPT20250712, UPC CoA, Suinno v Microsoft