2026-06-01 - LD Düsseldorf - Boa Technology v. FLA Europe et al. - UPC-CFI-0000996/2025

The Düsseldorf Local Division (judge-rapporteur) dismissed a defendant's R. 158 RoP application for €200,000 security for costs against the claimant. Applying the Court of Appeal's settled security-for-costs framework, the Court held that Art. 69(4) UPCA exists to protect a defendant against a claimant who litigates without sufficient means to meet a costs order, and that the 'sufficient means' assessment turns on the actual financial situation of the claimant itself. The defendant's reliance on the deteriorating finances of the claimant's non-party holding company was rejected: the holding company is not a party and its situation need not be considered, and in any event the share-price fall was attributable to an unrelated subsidiary's internal investigation while the group still posted USD 64.3m in earnings. The application was admissible but unfounded.