Home » UPC decisions » Luxembourg Court of Appeal » CoA, November 5, 2026, decision on cost, UPC_CoA_49/2026

CoA, November 5, 2026, decision on cost, UPC_CoA_49/2026

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Key takeaways

Representation costs must be sufficiently substantiated with itemized breakdowns of services, dates, hours, and rates

For the unsuccessful party to be able to comment on both the necessity and the proportionality of the costs for representation, the applicant for a cost decision should provide a sufficiently substantiated specification of the costs in view of the circumstances of the case, which would generally include breakdowns corresponding to each service provided in relation to the case, the date on which such service was provided, and the number of hours and rate billed for that specific service.

Generic descriptions such as “supply of legal services” are insufficient. Invoices lacking specific performance dates, individual task narratives, expended hours, and hourly billing rates do not meet the requisite evidentiary standard under Rule 151(d) and Rule 156 RoP.

Exceeding the ceiling does not as such entitle a party to reimbursement of the ceiling set by the Administrative Committee pursuant to R.152.2 RoP

The scale of recoverable cost ceilings adopted by the Administrative Committee serves solely as an absolute upper limit, not as a lump-sum grant or statutory benchmark entitlement.

Pursuant to Rule 152.1 RoP, representation costs must always be proven reasonable and proportionate to be recoverable, even where the actual expenses incurred surpass the applicable ceiling.

Rules 150 and 151 RoP apply mutatis mutandis to separate cost applications after unsuccessful provisional measures

If the applicant does not commence main proceedings under Rule 213 RoP, the successful defendant may either lodge a cost application within one month of notification or await a merits decision.

Neither a pending appeal regarding substantive preliminary measures nor the initial omission of an explicit cost ruling renders the cost application inadmissible.

Division

Court of Appeal, Luxembourg

UPC number

UPC-CoA-49/2026; impugned decision UPC_CFI_591/2026 (Local Division Paris, 16 March 2026), linked to UPC_CFI_808/2025

Type of proceedings

Cost application appeal proceedings (R. 157 and R. 221.3 RoP) arising from provisional measures proceedings

Parties

Applicant/Appellant: Guardant Health, Inc.

Respondents: Sophia Genetics SA, Sophia Genetics SAS, Sophia Genetics SRL, Sophia Genetics GmbH

Patent(s)

EP 3 470 533 (withdrawn)
EP 3 591 073
EP 3 443 066
EP 3 766 986

Jurisdictions

UPC

Body of legislation / Rules

Art. 69 UPCA, Art. 75 UPCA, R. 118.5 RoP, R. 150 RoP, R. 151 RoP, R. 152 RoP, R. 156 RoP, R. 157 RoP, R. 213 RoP, R. 221 RoP, R. 242.2 RoP, R. 262A.7 RoP


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