2024-04-23 - LD Munich - Network System Technologies v. Texas Instruments - UPC_CFI_513/2023
- Aktenzeichen:
- UPC_CFI_513/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Munich (DE) Local Division
- Art:
- Application Order
- Parteien:
- AUDI AG
Kernaussage: Request for security for legal costs by defendant.
2024-04-23 - LD Munich - Network System Technologies
v.
Texas Instruments - UPC_CFI_513/2023
Request for security for legal costs by defendant.
notable
The Munich Local Division dismissed three applications by Volkswagen, Audi and the Texas Instruments defendants for security for costs (Art. 69.4 UPCA, Rule 158 RoP) against US-domiciled claimant NST. The panel confirmed that 'in particular' in Art. 69.4 UPCA extends the power to order security to main infringement proceedings and that Rule 158.1 RoP covers any stage of the proceedings. However, the Court held that security encroaches on the claimant's Art. 47 Charter right to an effective remedy, so the applicant bears a substantiated burden: a merely non-EU registered office, general assertions about SME status, or abstract concerns about enforcing UPC costs decisions in the US are insufficient. Non-EU domicile as the sole basis would amount to impermissible a priori discrimination. Applicants produced no concrete evidence of insolvency risk or US enforcement impossibility, so the balance of interests tipped in favour of the claimant.
Stichwörter
Art. 69.4, security, legal costs