2026-06-01 - LD Düsseldorf - Boa Technology v. Zuatu Cycling International et al. - UPC-CFI-0001141/2025

The Düsseldorf Local Division dismissed the defendants' application for security for costs in an infringement action. Applying the Art. 69(4) UPCA threshold via R. 158 RoP, the Court held that the assessment of whether a claimant has 'sufficient means' to satisfy a future costs order must be based on the actual financial situation of the claimant itself, and that the financial position of a non-party parent/holding company is not attributed to the claimant. The defendants' reliance on the falling stock price and negative growth outlook of the claimant's ultimate holding company (CODI) therefore failed, and the claimant in any event demonstrated that the parent's share-price drop was attributable to an unrelated subsidiary investigation.