2024-04-23 - LD Munich - Network System Technologies v. Texas Instruments - UPC_CFI_514/2023
- Aktenzeichen:
- UPC_CFI_514/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Munich (DE) Local Division
- Art:
- Application Order
- Parteien:
- Texas Instruments Incorporated, Texas Instruments Deutschland GmbH
Kernaussage: Request for security for legal costs by defendant.
2024-04-23 - LD Munich - Network System Technologies
v.
Texas Instruments - UPC_CFI_514/2023
Request for security for legal costs by defendant.
notable
The Munich Local Division (Zigann, presiding) dismissed three coordinated security-for-costs applications brought by the infringement defendants (AUDI, Volkswagen and Texas Instruments) against the US-domiciled claimant NST under Art. 69.4 UPCA and R. 158.1 RoP. The panel reaffirmed the emerging UPC burden-shifting framework: the moving party must make a reasoned request backed by concrete facts, at which point the respondent must substantively challenge those facts — with the Court balancing the defendants' protection against the claimant's right to an effective remedy under Art. 47 of the EU Charter (citing CJEU C-439/14 and C-488/14). On the merits, the Court held that a non-EU registered office cannot of itself justify security, as that would be a priori discrimination based on domicile, and that the defendants had supplied only abstract allegations of enforcement difficulty and insolvency rather than concrete evidence. The order also clarifies that the words 'in particular' in Art. 69.4 UPCA make the Art. 59–62 cases non-limiting, so security may also be ordered in main proceedings on the merits.
Stichwörter
Art. 69.4, legal costs, Security