2026-06-01 - LD Düsseldorf - Boa Technology v. FLA Europe et al. - UPC-CFI-0000998/2025

In a companion order to UPC_CFI_1141/2025, the Düsseldorf Local Division dismissed Defendant 2 (Shinkyung)'s application for security for costs against claimant Boa Technology. Applying the Art. 69(4) UPCA threshold via R. 158.1 RoP, the Judge-Rapporteur held that 'sufficient means' is assessed on the actual financial situation of the claimant itself, and that the finances of a non-party parent/holding company (here CODI) are not attributed to the claimant. Shinkyung's reliance on CODI's falling stock price and growth outlook therefore failed, and the claimant in any event showed that the parent's share-price drop stemmed from an unrelated subsidiary investigation.