Germany: Trials & Appeals & Compensation

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Article
LD The Hague, May 19, 2026, Order On Preliminary Objection, UPC_CFI-2228/2025, UPC_CFI-1546/2026
The application of the Brussels I Regulation’s (BR) rules to defendants who are not domiciled in a Member State of the UPCA is limited to situations where this is appropriate, regardless of domicile (cf. 71b(2) BR). A prerequisite for accepting jurisdiction is that there must be a connection to the addressed court, which follows from Recitals 13-15 of the BR.
Germany IP
BP
Bardehle Pagenberg
Article
UPC: Security For Costs Not Required Where Claimant Is Backed By Appropriate Litigation Insurance
The UPC Court of Appeal has overturned a €2 million security for costs order, finding that a claimant's litigation insurance with anti-avoidance endorsement provides sufficient protection against unenforceability of adverse costs orders. This landmark decision addresses whether appropriate litigation insurance can substitute for traditional security mechanisms and signals that courts must properly consider such policies when assessing security applications.
Germany Litigation
MC
Marks & Clerk
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