UPC CFI, LD Brussels, 18 March 2026: Security for costs against Costa Rican defendant.
18-06-2026 Print this page
Request for security for costs granted against Costa Rican defendant. (Rule 158.1 RoP, Article 69 (4) UPCA).
Enforcement proceedings in Costa Rica not considered to be “unduly burdensome”.
The assessment to be made is whether “similar or identical” guarantees are in place for recognising and enforcing UPC costs orders in the relevant (non EU/EEA) states.
The court requires a standard/reference to assess whether the duration leads proceedings to be "unduly" burdensome, as this implies a standard/reference in the sense of proceeding being "duly" burdensome.
As such, where duration alone might not be sufficient to establish “undue burden, it could be taken into consideration when assessing the facts and circumstances regarding the assessment of the concerns of the Defendants.
When setting the security amount, consideration should be given to the costs likely to be incurred by introducing the counterclaim for revocation
IPPT20260318, UPC CFI, LD Brussels, GC Aesthetics v Establishment Labs
