UPC CoA, 30 October 2025: No security for costs already awarded in cost decision
22-12-2025 Print this page
Security for costs already awarded in Milan LD cost decision for an amount of € 77,064.65 dismissed (Article 69(4) UPCA, R.158 RoP).
The fact that, following this award of costs, Oerlikon has not yet received the corresponding payment is a matter of enforcement of the Costs decision, and does not justify a request for security of costs in proceedings before the Court of Appeal with regard to these costs already awarded.
Furthermore, ordering a security for costs against Bhagat in relation to the costs incurred by Oerlikon in the CFI proceedings would, unlike the costs incurred in the appeal initiated by Bhagat, lead to providing a security for costs against the defendant in an infringement action, which is contrary to the position of this Court.
Security for costs incurred by Oerlikon in the appeal proceedings awarded at 50% of the ceiling for recoverable at € 19.000.
There are several facts and arguments raised by Oerlikon, and not denied by Bhagat, which give rise to a legitimate and real concern that an order for costs in the appeal may not be recoverable if the Court of Appeal decided to reject the appeal and to order Bhagat to pay the costs of the proceedings.
