Rule 45 - Security
Print this page1. Where the Court of First Instance has ordered a party to provide adequate security by bank guarantee or deposit, the Deputy-Registrar shall either:
(a) examine the bank guarantee and, in case of doubt, submit it to the judge, or
(b) ensure that the security can be paid to the Court.
2. The Registrar shall record in the case file the type of security provided and shall safeguard it until he has been instructed by the Court of First Instance as to how to proceed further.
3. The Registrar shall pay back any security or deposit as ordered by the Court of First Instance. (Ref.: R. 154, 158-159 RoP)
Case Law
IPPT20240805, UPC CFI, LD Düsseldorf, Ortovox v Mammut
Security (deposit) to be released when the period for requesting panel review has expired (Rule 333 RoP, Rule 352(2) RoP, Rule 45 Registry Rules). Double security – a deposit and a bank guarantee – can also be the reason and cause for a release decision.