Home » UPC decisions » Luxembourg Court of Appeal » CoA Luxembourg, July 29, 2024, order on cost application, UPC_CoA_1/2024

CoA Luxembourg, July 29, 2024, order on cost application, UPC_CoA_1/2024

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Key takeaways

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.

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


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