UPC CFI, LD Paris, 4 February 2026: no default judgment for lach of diligence in providing bank guarantee for costs
03-06-2026 Print this page
No default judgment justified as a sanction for lack of diligence in providing a bank guarantee of € 200.000 within the ordered time limit of 16 January 2026 (R. 158.5 RoP, R. 355 RoP).
It should be noted that R. 158.5 RoP provides that the reporting judge ‘may’ issue a default judgment, which leaves the judge with discretion in accordance with the principles of procedural efficiency as well as the principles of fairness and proportionality.
KEEEX provided, within the time limit set by the order (i.e. 16 January 2026) proof that the sum of €200,000 was frozen in its account for this purpose and, in view of the reporting judge’s response dated 16 January 2026 at the end of the day, provided the documents corresponding to the required bank guarantee as early as the following 26 January.
