1. Key takeaways
No Reimbursement of Court Fees Following Settlement in Provisional Measures Proceedings
The LD Milan aligns with the LD Mannheim (see UPC CFI no. 500/2025, order of 28 August 2025, LD Mannheim) in holding that reimbursement of court fees is not granted following a settlement in proceedings for provisional measures, irrespective of the stage the proceedings have reached. This conclusion is based on the inapplicability of Rule 370.9(c)(i) RoP, which governs the reimbursement of court fees, to applications for provisional measures, either directly or by analogy. The wording of the provision explicitly refers only to actions. Moreover, the procedural stages outlined in Rule 370.9(c) RoP do not apply to proceedings concerning provisional measures. Specifically, there is no interim procedure, and oral hearings are not conducted in every case. Additionally, the court fees for applications under Rule 206 RoP are already significantly lower compared to those for actions.
Leave to appeal was granted to provide the Court of Appeal with an opportunity to clarify this issue.
2. Division
LD Milan
3. UPC number
UPC_CFI_202/2025, App. 30486/2025
4. Type of proceedings
Provisional Measures
5. Parties
Edwards Lifesciences Corporation
vs.
Sintec S.R.L.
Value Med S.R.L.
6. Patent(s)
EP 3 646 825 B1
7. Body of legislation / Rules
Rules 365.4, 370.9(c)(i) RoP
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