Application to revoke security for costs order rejected (Article 69(4) UPCA, R. 158 RoP, R. 336 RoP).
Article 69(4) UPCA does not only apply to cases referred to in Art. 59-62 UPCA. […]. Nor does Art. 69(4) UPCA suggest that the requirement to provide security for costs should be the exception. The purpose of security for costs under Art. 69(4) UPCA is to protect the opposing party from difficulties in enforcing a claim for reimbursement of costs. There are no concerns regarding the security order under the Enforcement Directive.
No basis for referral to CJEU (Article 21 UPCA). For there to be jurisdiction, the request for a preliminary ruling must concern a rule of EU law other than the Charter applicable to the case in the main proceedings. It is beyond reasonable doubt that the EU law, the Enforcement Directive and TRIPS agreement, do not prevent the imposition of a security for costs order. For this reason alone, a referral to the CJEU is out of the question.
No extension of deadline for providing security (R. 9.3 RoP). Although the Court has the power to revoke or amend an order for security for costs under R. 335 RoP, applicants cannot usually rely on the Court granting an application for revocation or amendment.
