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Topic dossier

Security in UPC case law

How the UPC's first-instance divisions and the Court of Appeal decide on security: security for legal costs (Art. 69(4) UPCA, R. 158 RoP) and security for provisional measures and enforcement (R. 211.5, R. 352 RoP) – standard, financial situation and enforceability abroad, amount, form, time limits and consequences of failing to provide it.

decisions in the dossier
169
of them Court of Appeal
38
steps of the test
8
As of
6 Oct 2026

The steps of the test

The dossier orders the decisions by the steps of the legal test. For each step: the question it is about and the number of decisions addressing it.

  1. 1. Standard for security for costs

    Which standard does the UPC apply to security for legal costs (Art. 69(4) UPCA, R. 158 RoP), and who must show what?

    83 decisions

  2. 2. Claimant's financial situation

    Does the claimant's financial situation (insolvency risk, assets, group) justify security?

    65 decisions

  3. 3. Enforceability abroad

    Does difficult enforcement of a cost decision in the claimant's home state (e.g. USA, China) justify security?

    37 decisions

  4. 4. Amount and calculation

    How does the UPC calculate the amount of security?

    61 decisions

  5. 5. Form, time limit and consequences of failure

    In which form and within which time limit must security be provided, and what if it is not provided?

    85 decisions

  6. 6. Security for provisional measures (R. 211.5 RoP)

    When and in which amount does the UPC make a provisional measure subject to security?

    38 decisions

  7. 7. Security for enforcement (R. 352 RoP)

    Must the claimant provide security before enforcing a decision, e.g. pending appeal?

    23 decisions

  8. 8. Line of the Court of Appeal

    Which general principles on security has the Court of Appeal laid down?

    35 decisions

Selected passages

One decision per step – Court of Appeal first, then the most cited, then the newest – with a verbatim quote from the decision. The selection is not a legal assessment.

Step: Standard for security for costs

“It is also irrelevant whether a cost order in favour of the defendant is to be expected. The Court should not engage in evaluating the likelihood of the outcome of the case when deciding on a request for security for costs.“
Court of Appeal, 29 Nov 2024, UPC_CoA_548/2024, para. 23 · Decision on the UPC website

Step: Claimant's financial situation

“Ballinno has not explained its overall financial situation (assets, liabilities, costs, incomes, financial risks). The absence of such information – and the uncertainty that the liquid funds will not be transferred – makes it impossible to make an educated prognosis about the realistic chances for the Kinexon …“
Court of Appeal, 26 Aug 2024, UPC_CoA_328/2024, para. 38 · Decision on the UPC website

Step: Enforceability abroad

“Sumi Agro has not substantiated what the uncertainties inherent in these provisional measures would be, and, apart from blank statement that there is no international treaty in place, has not put forward facts about any undue burden that could be envisaged if Sumi Agro would try to enforce, in the UK, an order by the …“
Court of Appeal, 3 Mar 2025, UPC_CoA_523/2024, para. 115 · Decision on the UPC website

Step: Amount and calculation

“The security will be set at € 200,000, i.e. the ceiling for recoverable costs based on a value of the proceedings of € 2,000,000, which is not in dispute.“
Court of Appeal, 9 Jul 2025, UPC_CoA_431/2025, para. 21 · Decision on the UPC website

Step: Form, time limit and consequences of failure

“la Corte d'appello lascia a Bhagat la facoltà di fornire la garanzia tramite deposito o mediante una fideiussione bancaria rilasciata da una banca autorizzata nell'Unione europea“
Court of Appeal, 30 Oct 2025, UPC_CoA_8/2025, para. 31 · On the UPC website (overview)

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Quotes are verbatim from the decisions; the version published by the court is authoritative. Not legal advice. Coverage and numbers