Key takeaways
Application for cost decision is to be lodged before the court of first instance
Proceedings for a cost decision are to be started before the court of first instance, even if the application relates to costs that accrued in appeal proceedings. The general procedure as provided in R. 150 seqq. RoP is to be followed.
Separate application for cost decision to be lodged after principal decision on costs in appeal proceedings
The applicant has to initiate separate cost proceedings for costs of the appeal proceedings within the one month deadline according to R. 151 RoP. The deadline counts from the date of service of the order in the appeal proceedings. The applicant may not add the costs of the appeal proceedings to an application for a cost decision concerning costs that accrued in the first instance proceedings if such an earlier application is still pending.
Division
Court of Appeal Luxembourg
UPC number
UPC_CoA_1/2024
App_36394/2024
Type of proceedings
Appeal proceedings, Proceedings for cost decision
Parties
Hanshow Technology Co. Ltd., Hanshow Germany GmbH, Hanshow France SAS, Hanshow Netherlands B.V.
VusionGroup SA
Patent(s)
EP 3 883 277
Jurisdictions
Place jurisdictions
Body of legislation / Rules
Rule 150 RoP, Rule 151 RoP, Art. 69 UPCA