2026-09-02 - LD Munich - IAGON v. Influx Technologies USA et al. - UPC-CFI-0002280/2025

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Munich Local Division refused security for costs against a claimant registered in the United Arab Emirates. Security under Art. 69(4) UPCA and R. 158.1 RoP protects the other side against a costs order that cannot be recovered or can be enforced only in an unduly burdensome way, and the decision is discretionary. The applicant carries the burden of substantiation, and only once its reasons are presented credibly must the other party answer them in a substantiated way. A seat outside the EU and the EEA and an incompletely known financial position are relevant but not sufficient on their own; equally, actual insolvency need not be proved and recovery need not be shown to be impossible, so long as the circumstances objectively demonstrate a genuine risk. Here the claimant's own MiCA white paper showed resources for thirty-six months of operations and no outstanding liabilities, the 2022 accounts relied on belonged to an affiliated Norwegian company and were outdated, and the defendants offered no concrete example of actual difficulty enforcing a costs order in the United Arab Emirates against reports that monetary claims are generally enforceable there.

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: UPC-CFI-0002280/2025