Art. 82 UPCA: Open questions

In this new series, I will provide some first thoughts on the Unitary Patent Package, including the Unified Patent Court Agreement.

Article 82 
Enforcement of decisions and orders

1.   Decisions and orders of the Court shall be enforceable in any Contracting Member State. An order for the enforcement of a decision shall be appended to the decision by the Court.

• What is the difference between a decision and an order?
• Does an order refer only to injunctions? (edit: and payments)
• Is "order" as used in the second sentence the same as "order" in the first sentence?
• Why is an order required for a decision, as specified in the second sentence, if a decision is enforceable according to the first sentence?
• Is an order according to the first sentence directed to the party involved and an order of the second sentence to the authorities entrusted with enforcing?

2.   Where appropriate, the enforcement of a decision may be subject to the provision of security or an equivalent assurance to ensure compensation for any damage suffered, in particular in the case of injunctions.

• Does this also apply to enforcement of orders?
• Does this also apply to final decisions?
• Does "damage" refers only to damage suffered due to the enforcement?

3.   Without prejudice to this Agreement and the Statute, enforcement procedures shall be governed by the law of the Contracting Member State where the enforcement takes place. Any decision of the Court shall be enforced under the same conditions as a decision given in the Contracting Member State where the enforcement takes place.

• What kind of "decision given in the Contracting Member State" is referred to? 
• Are formalities allowed, i.e. the same formalities as for enforceable decisions of that state?
• Can the Contracting Member State require a translation, or that the language is the same as languages of decisions given in that state?
• Can an order be given in a different language than the language of proceedings, e.g. a language of the state of enforcement?
• Can the Rules of Procedure specify anything about enforcement, since (3) does not refer to them?

4.   If a party does not comply with the terms of an order of the Court, that party may be sanctioned with a recurring penalty payment payable to the Court. The individual penalty shall be proportionate to the importance of the order to be enforced and shall be without prejudice to the party's right to claim damages or security.

• Is a payment the only sanction?
• What if national law provides for imprisonment?
• Is the party in the first sentence the same as in the second sentence? 
• What is the relation between damages and security and penalties payable to the Court?