2023-10-30 - CD Munich - NanoString v. President And Fellows Of Harvard College - UPC_CFI_252/2023
- Aktenzeichen:
- UPC_CFI_252/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Munich (DE) Central Division - Section
- Art:
- Order
- Parteien:
- President and Fellows of Harvard College v. NanoString Technologies Europe Limited
Kernaussage: Landmark early order from the Munich Central Division setting out the framework for security for costs under Art.
2023-10-30 - CD Munich - NanoString
v.
President And Fellows Of Harvard College - UPC_CFI_252/2023
landmark
Landmark early order from the Munich Central Division setting out the framework for security for costs under Art. 69(4) UPCA and Rule 158.1 RoP. Building on prior orders from Helsinki LD and Munich LD, the CD held that the Court has discretion to order security "at any time" and is not limited to the Art. 59-62 UPCA cases; the relevant factors are the financial position of the responding party and the likelihood that a cost order may not be enforceable or only enforceable in an unduly burdensome way. The Court ordered security of EUR 300,000 against the UK-based revocation claimant, relying on (i) post-Brexit enforcement friction (Brussels Ibis no longer applies; UK outside Lugano), (ii) uncontested existential-risk statements about the claimant's parent group, and (iii) the claimant's failure to point to its own independent financial position. The request for an automatic default decision on non-compliance was rejected as premature — a separate Rule 158.5/355 RoP request is required.