UPC_APP_11835/2024

INTEGRATED CIRCUIT AND METHOD FOR ESTABLISHING TRANSACTIONS

Procedural & sub-applicationsOther ProceduralMunich LDGeneric application—

This case cites

Authorities cited within the decisions on file for this case.

Target	Legal point	Strength	Excerpt
69	security for costs	Binding	KEYWORDS: request for security for legal costs, Art. 69.4 UPCA and rule 158 RoP.
54	burden of proof	Binding	the burden of proof generally being on the party relying on those facts (Art. 54 UPCA).

Target	Legal point	Strength	Excerpt
158	security for costs	Binding	request for security for legal costs, Art. 69.4 UPCA and rule 158 RoP.
158	stay of proceedings pending security for costs	Binding	The provision of a security has the potential to stand in the way of a substantive trial (e.g. rule 158.5 RoP)

Target	Legal point	Strength	Excerpt
Charter Art. 47	right to an effective remedy	Persuasive	right to an effective remedy and to a fair hearing (Preamble of the UPCA, enshrined in Article 47 of the Charter of Fundamental Rights of the European Union).

Target	Legal point	Strength	Excerpt
ECJ C-439/14 and C-488/14	limitation on effective remedy must be justified by law and proportionate	Persuasive	The Court of Justice of the European Union ('CJEU') has held in its judgement of 15.9.2016 in Joined Cases C-439/14 and C-488/14, para. 49, that: "a limitation on the right to an effective remedy before a tribunal within the meaning of Article 47 of the Charter"

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