UPC_CFI_515/2023

INTEGRATED CIRCUIT AND METHOD FOR ESTABLISHING TRANSACTIONS

InfringementMain Infringement ActionMunich LDInfringementCase Closed

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 procedure	Binding	KEYWORDS: request for security for legal costs, Art. 69.4 UPCA and rule 158 RoP.
158	default decision for failure to provide security	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 of Fundamental Rights of the EU, Art. 47	right to effective remedy and fair hearing	Binding	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)
CJEU C-439/14	limitation on right to effective remedy must be 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 which, in accordance with Article 52(1) of the Charter can [...] be justified only if it is provided for by law'

Cited by

Subsequent UPC decisions citing this case.

Cited in	Date	Legal point	Strength	Excerpt
UPC_APP_27159/2024 Court of Appeal	May 22, 2024	infringement	Binding	6/2024 and App_11732/2024 in the main infringement action ACT_597693/2023) □ Action number attributed by the Court of First Instance Local Division Munich): UPC_CFI_515/2023 SUMMARY OF FACTS On 4 March 2024 Texas Instruments filed an applicati
UPC_CoA_220/2024 Court of Appeal	May 22, 2024	underlying infringement action from which security for costs appeal arises	Background	Action number attributed by the Court of First Instance Local Division Munich): UPC_CFI_515/2023