Key takeaways
An application for a cost decision must always be filed with the CFI even if the costs arise exclusively from appeal proceedings
Proceedings for cost decision is a distinct, separate procedure under Rules 150 et seq. RoP, always commencing before the Court of First Instance (CFI). Otherwise, no appeal against cost decisions would be possible which would contradict R. 157 and 221 RoP. This is already settled case-law (CoA 29 July 2024, UPC_CoA_1/2024, App_36394/2024,
Hanshow v. VusionGroup).
No exceptional circumstances to refer the application for a cost decision from the CoA to the CFI
The CoA rejected Claimant’s request to refer its application for a cost decision to the CFI. Claimant has argued that filing an application for a cost decision with the CoA constituted timely submission pursuant to R. 151 RoP to “the Court” as a single entity. However, the CoA held that no exceptional circumstances for a referral to the CFI apply in the present case by referencing its settled case-law.
Moreover, the CoA held that R. 151 RoP does not contradict Art. 69 UPCA, but sets out the details of the procedure under Art. 41 UPCA. The Court of Appeal confirmed, citing Expert v. Seoul Viosys (UPC_CoA_380/2025), that there is no reasonable doubt as to its EU law conformity.
Each party bears its own costs in cost decision proceedings; no separate cost order in R. 333 RoP review proceedings
As a general rule, each party bears its own costs in cost decision proceedings, confirmed by the CoA in Hanshow et al. v. VusionGroup (UPC_CoA_618/2024, 6 June 2025, para. 54). Accordingly, no costs order was issued, denying respondent’s/defendant’s request that the costs of the R. 333 RoP review proceedings be imposed on the appellant/claimant.
Division
Court of Appeal
UPC number
UPC_CoA_302/2025, UPC_CoA_305/2025
Type of proceedings
Application for review of a Rapporteur’s order (Rule 333 RoP) in the context of cost assessment proceedings (Rule 151 RoP)
Parties
Applicant/Appellant/Claimant: Rematec GmbH & Co KG
vs.
Respondent/Defendant/Counter-Claimant: Europe Forestry B.V.
Patent(s)
EP 2 548 648
Jurisdictions
UPC
Body of legislation / Rules
R. 150 et seq. RoP; R. 151 RoP; R. 157 RoP; R. 221 RoP; R. 333 RoP; Art. 41 UPCA; Art. 69 UPCA; Art. 47 EU Charter of Fundamental Rights
