UPC CoA, 7 April 2026: € 600.000 security for costs, no stay of proceedings but extension of deadline to file Statement of response
05-05-2026 Print this page
€ 600.000 security for costs to be provided by appellant Suinno (Article 69(4) UPCA). Failure to pay previously awarded costs supports the conclusion that recovery of future costs is at risk. Lack of evidence of sufficient financial resources reinforces the need for security for costs. A counterclaim for revocation remains admissible and autonomous even after the infringement action ends, and does not prevent a request for security.
Microsoft’s request for a stay dismissed (R. 295(m) RoP). As a general rule, the financial circumstances of the claimant or appellant do not justify a stay of the proceedings unless the requirements of R. 311.1 or .2 RoP are met. That is fair. Regardless of their financial means, every party has the right to have the proceedings carried out in due time.
Deadline to file a Statement of response to the grounds of appeal in the appeal proceedings extended until 19 June 2026 (R. 9.3 (a) RoP). Given the uncertainty as to whether Suinno can provide security for costs and the fact that Suinno has also failed to pay the costs of the infringement proceedings, it is, in this exceptional case, justified to extend the time period for filing the Statement of response, as requested.
