Topics: Art. 69 UPCA
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LD Lisbon, April 4, 2025, cost decision in PI proceedings, UPC_CFI_697/2024
Cost decision following an order rejecting a preliminary injunction: A decision on costs is possible following an order rejecting an application for a preliminary injunction (PI), although the strict wording of R. 150 et seq. RoP provide for a decision on costs only following a decision on the merits. Art. 69 (1-3) UPCA provides for…
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RD Nordic-Baltic, January 21, 2025, procedural order on costs for access to pleadings and evidence, UPC_CFI_380/2023
Key takeaway A member of the public does not bear the costs of a request for access to written pleadings and evidence: There is no legal basis for ordering a member of the public, who has made a request for access to written pleadings and evidence, to reimburse legal costs incurred by the parties to…
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LD Düsseldorf, December 3, 2024, Order re. procedural security against Defendant, UPC_CFI_140/2024
1. Not only the claimant but also the defendant may be ordered to provide security for legal costs within the meaning of R. 158 RoP.: (pp. 5 et seq.) Contrary to the Defendant´s position, this does not mean that Rule 158 RoP is in conflict with the UPCA. The power to order the provision of…
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LD, The Hague, February 13, 2024, Order, UPC_CFI_239/2023LD
Each party must bear its own legal costs until a final decision and cost order is made: Even if both parties are start-ups or SMEs, both parties have a limited cash-flow, are competitors of each other and the claimant has limited financial capacities, each party must bear its own legal costs until a final decision…
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CD Munich, 31 January 2024, order, UPC_CFI_252/2023
Further written submission following the interim conference to deal with a later filed document: Following the exchange of the written pleadings in accordance with Rule 43 RoP, the judge-rapporteur – after having informed the parties of his intention to do so – closed the written procedure pursuant to Rule 58 in connection with Rule 35…
3 min Reading time→
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