2026-09-04 - LD Düsseldorf - Grundfos Holding v. Hefei Xinhu Canned Motor Pump - UPC_CFI_11/2024

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Düsseldorf Local Division released a security for costs that the Court of Appeal had ordered the defendant to provide for two appeal proceedings, applying Rule 352.2 RoP by analogy. Rule 352.2 RoP is placed in the regime governing security rendered for the enforcement of a decision, and the Rules contain no express provision for releasing a security given for the costs of the proceedings; the Local Division bridged that gap by analogy [8]. The operative criterion is the beneficiary's continuing interest: once the defendant had paid the sum fixed against it in the cost-determination proceedings in full, the claimant's interest in the security had ceased and the security had to be released, the claimant having consented [9]. The order was made by the first-instance panel although the security had been ordered by, and lodged in, the appeal proceedings; the Court did not discuss its competence to release it.

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: UPC_CFI_11/2024