Key takeaways
No interest is added to reimbursable costs of procedures and disbursements in cost reimbursment proceedings
Contrary to German case law there is no interest to be added to reimbursable costs of procedures and disbursments in cost reimbursment proceedings. There is no legal basis for such interest in Rule 151 RoP.
Whereas Rules 125 and 131 RoP, which regulate the amount of damages and compensation, also consider an interest in such amount, there is no such regulation for reimbursable costs of procedures and disbursements in cost reimbursment proceedings. There is also no regulatory gap in this respect.
Division
LD Munich
UPC number
UPC_CFI_249/2023
Type of proceedings
Cost reimbursment proceedings
Parties
Applicant:
Edwards Lifesciences Corporation
Respondents:
Meril GmbH
Meril Life Sciences Pvt Ltd.
Body of legislation / Rules
R.151 RoP