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UPC APP 11453/2024

Case details
Status
—
Action
Procedural application
Category
Other procedural
Parties
Claimants
Representatives
Respondents
Representatives
  • Jan Patrick Bösing
  • Klaus Haft
Division
Munich LD
Judges
—
Language
—
First decided
Apr 23, 2024
How this compares
How long the court takes to reach a first decision.
Median days to first decision
All UPC124
Munich LDLocked

At the UPC: Network System Technologies LLC (77 cases)·Volkswagen Group (41 cases)

Decisions
  • 2024-04-23

    Summary: The Munich Local Division denied the applications by Volkswagen AG, Audi AG, Texas Instruments Inc., and Texas Instruments Deutschland GmbH for security for costs against Network System Technologies LLC (NST), the claimant domiciled in the US. The court held that mere foreign domicile is insufficient to order security, and that defendants failed to provide concrete evidence of actual difficulties in enforcing a cost order against NST.

    Show the legal issues (4)
    • Security for costs: foreign domicile insufficient ground (R. 158 RoP, Art. 69.4 UPCA)
    • Burden of proof on requesting party for enforcement difficulties
    • Right to effective remedy (Art. 47 EU Charter)
    • No discrimination based on nationality
Documents
  • 6CBD4BCF0F8A11AE915A548197833772_en.pdf2024-04-23EN