UPC APP 11453/2024

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Case details: Status
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Action
Procedural application
Category
Other Procedural
Parties: Claimants
Network System Technologies LLC
Reps: Not Specified
Respondents
Volkswagen AG
AUDI AG
Texas Instruments Incorporated
Texas Instruments Deutschland GmbH
Reps: Jan Patrick Bösing; Klaus Haft
Division: Munich LD
Judges: —
Language: —
First decided: Apr 23, 2024

Decisions

2024-04-23
Generic application
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.
Legal issues:Security for costs: foreign domicile insufficient ground (R. 158 RoP, Art. 69.4 UPCA)Burden of proof on requesting party for enforcement difficultiesRight to effective remedy (Art. 47 EU Charter)No discrimination based on nationality

Documents