1. Key takeaways
Deadline for filing an application for a cost decision in proceedings re provisional measures
If the successful party wishes to obtain a decision on costs, it must submit an application for the determination of costs within one month of service of the decision. The one-month period for filing an application for the determination of costs pursuant to R. 151.1 RoP begins with the service of the decision on the merits and not with the service of an order for provisional measures. However, if no proceedings on the merits are pending and the applicant for provisional measures does not initiate proceedings on the merits (for example, if the application for provisional measures was unsuccessful) and the claimant has been ordered to pay the defendant's costs, R. 150 and R. 151 RoP apply accordingly (Order of the Court of Appeal of January 20, 2025, App_283/2025, UPC_CoA_297/2025, SharkNinja). In this case, the time limit of one month applies accordingly and begins with the service of the first instance order on provisional measures.
Filing an application for a cost decision in proceedings re provisional measures if the other party initiates main proceedings on the merits
Following an order on a motion for provisional measures, the other party could initiate proceedings on the merits, which would trigger the normal time limit for applications for the determination of costs pursuant to R. 151 RoP (one month after the decision on the merits). If the proceedings on the merits are initiated and the successful defendant has already filed an application for the determination of costs, these proceedings may be continued. However, if such proceedings have not yet been initiated, it is up to the defendant to either file an application within the one-month period following the final decision in the provis measures proceedings or to await the decision on the merits. The same principles apply to the appeal proceedings.
Failure to comply with the time limit for an application for the determination of costs pursuant to R. 151.1 RoP can only be remedied by re-establishment of rights (R. 320 RoP).
A party, even if successful in proceedings for the determination of costs pursuant to R. 150 RoP, must bear its own costs attributable to the cost determination proceedings themselves, with the exception of the court fee.
2. Division
Court of Appeal
3. UPC number
UPC_CoA_618/2024
4. Type of proceedings
Cost proceedings
5.Parties
Hanshow Technology Co., Ltd; Hanshow Germany GmbH; Hanshow France SAS; Hanshow Netherlands B.V.
vs
VusionGroup SA
6. Patent(s)
EP 3 883 277
7. Jurisdictions
8. Body of legislation / Rules
Rule 151.1 RoP, Rule 150 RoP, Rule 151 RoP
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
