UPC Court of Appeal: Security for Costs

If the court sees no reason to order security for the enforcement of interim measures on its own initiative, the defendant may nevertheless present arguments and facts demonstrating that the outcome could be different after a decision in the main action and/or that there is an unreasonable burden in enforcing a claim for damages as a result of the lifted interim measures. The burden of proof is usually on the defendant. The unreasonable burden can arise, for example, from the financial situation of the applicant or the applicable foreign law and its application in the territory where the claim for compensation is to be enforced (UPC 3. 3. 2025, CoA 523/2024).