- within Transport and Privacy topic(s)
1. Key takeaways
Costs paid under a first-instance decision are recoverable if that decision is overturned on appeal. The appeal’s outcome invalidates the initial cost order (Rule 151 RoP).
The Court reasoned that the reversal of the main decision removes the legal basis for the initial cost order, making previously paid amounts recoverable in the subsequent cost proceedings.
A cost agreement for the first instance does not automatically extend to the appeal. Appeal costs are assessed separately based on reasonableness and proportionality (Art. 69 UPCA).
The Court found no basis to apply the first-instance agreement to the appeal, as it was based on first-instance cost estimates and an appeal was not foreseeable at that time.
2. Division
Local Division Düsseldorf
3. UPC number
UPC_CFI_1110/2025 and UPC_CFI_1111/2025
4. Type of proceedings
Application for costs
5. Parties
Claimant: Seoul Viosys Co., Ltd.
Defendants: expert e-Commerce GmbH and expert klein GmbH
6. Patent(s)
EP 3 926 698 B1
7. Jurisdictions
Austria, Belgium, Germany, France, Italy, Luxembourg, Netherlands, Sweden
8. Body of legislation / Rules
Art. 69 UPCA, Rule 150 RoP, Rule 151 RoP, Rule 152 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.
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