Key takeaways
Costs paid under a first-instance decision are recoverable if that decision is overturned on appeal. The appeal’s outcome invalidates the initial cost order (Rule 151 RoP).
✓
The Court reasoned that the reversal of the main decision removes the legal basis for the initial cost order, making previously paid amounts recoverable in the subsequent cost proceedings.
A cost agreement for the first instance does not automatically extend to the appeal. Appeal costs are assessed separately based on reasonableness and proportionality (Art. 69 UPCA).
✓
The Court found no basis to apply the first-instance agreement to the appeal, as it was based on first-instance cost estimates and an appeal was not foreseeable at that time.
Division
Local Division Düsseldorf
UPC number
UPC_CFI_1110/2025 and UPC_CFI_1111/2025
Type of proceedings
Application for costs
Parties
Claimant: Seoul Viosys Co., Ltd.
Defendants: expert e-Commerce GmbH and expert klein GmbH
Patent(s)
EP 3 926 698 B1
Jurisdictions
Austria, Belgium, Germany, France, Italy, Luxembourg, Netherlands, Sweden
Body of legislation / Rules
Art. 69 UPCA, Rule 150 RoP, Rule 151 RoP, Rule 152 RoP
