Key takeaways
Cost determination proceedings must always be initiated at the Court of First Instance, regardless of whether costs arise from first instance or appeal (R. 150 et seq. RoP)
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The cost determination procedure under Rules 150 et seq. RoP is a separate proceeding that must be filed with the Court of First Instance.
The RoP does not provide a special procedure for cost decisions following an appellate decision. Starting the procedure at the Court of Appeal would render the right of appeal under Rules 157 and 221 RoP meaningless.
The Court of Appeal has no legal basis to refer a cost determination application to the Court of First Instance
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Referrals may only be ordered where expressly provided for in the UPCA or in the RoP (e.g., Art. 33, 75 UPCA; R. 102, 238A RoP).
Division
Court of Appeal
UPC number
UPC_CoA_302/2025
UPC_CoA_305/2025
Type of proceedings
Cost determination proceedings
Parties
Applicant / Appellant: Rematec GmbH & Co KG
Respondent / Appellee: Europe Forestry B.V.
Patent(s)
EP 2 548 648
Body of legislation / Rules
Rule 150 ff. RoP
