Appeal Decision

– The finding that – due to the recent establishment of this Court – there is currently no experience with enforcing costs decisions of this Court in a particular country, does not rule out the possibility that enforcing a cost decision in that country may prove to be impossible or unduly burdensome. In the absence of such experience, the Court must examine the likelihood of successful enforcement on the basis of other facts and circumstances. – In the context of the assessment of the likelihood of successful enforcement of a cost decision, the fact that a party has its registered office in a country that is not a Member State of the European Union or the European Economic Area, is a relevant factor. Whereas Union law guarantees the recognition and enforcement of judgements of courts of Member States, including this Court, in other Member States, similar guarantees may not be in place for the recognition and enforcement in states that are not members of the European Union or the European Economic Area.

Appeal, Security for costs