UPC_CoA_889/2025

The Court of Appeal set aside the Munich Local Division's orders requiring Syntorr LP to provide security for costs (EUR 2,000,000) in infringement proceedings against Arthrex. The court found that the existence of an after-the-event (ATE) litigation insurance policy with an anti-avoidance endorsement adequately addressed concerns about enforceability of a costs order, and therefore security for costs should not have been ordered. The bank guarantee provided by Syntorr was ordered to be released.