UPC CFI 2216/2025

Vor dem UPC: Biopsafe ApS (2 Verfahren)·Kaltek s.r.l. (2 Verfahren)

• 2026-07-30
  InfringementÖffentlich

  Zusammenfassung: The Milan Local Division dismissed Kaltek's application for security for costs under Art. 69(4) UPCA and R. 158 RoP. Although Biopsafe is a microenterprise whose sole shareholder had pursued an aggressive dividend policy, the Court found gross profits and net income in constant growth, substantial current assets and trade receivables and no significant debts, so there were no elements of particular concern justifying security. Costs of the application were reserved to the main proceedings and leave to appeal was granted.

  Rechtsfragen anzeigen (4)

  • security for costs under Art. 69(4) UPCA and R. 158 RoP
  • financial position of a microenterprise claimant
  • dividend distribution policy of the sole shareholder as a risk factor
  • adequacy of cash reserves versus overall asset position