UPC Local Division: Cost Reimbursement Provisional Proceedings

Even if a strict literal interpretation of R 150 et seq. RoP does not necessarily suggest this, these provisions can apply to a costs decision after the dismissal of an application for a preliminary injunction, especially if no main proceedings are initiated. In the present case, while main proceedings were initiated after the preliminary proceedings, this was outside the time limit provided for in R 213 RoP and after the cost application was filed. The reasons that led to the dismissal of the application for interim measures, namely the lack of urgency, are not dealt with again there. These reasons were not just examined prima facie, but were finally decided. In the present main proceedings, questions about the validity and infringement, as dealt with in the provisional proceedings, will again be the subject of discussion and decision. The court acknowledges that there is an overlap of both proceedings with regard to the claimed representation and expert opinion costs. This entails the risk of a double award of costs and violates the principles of equity and proportionality. Therefore, these costs are not awarded in these proceedings; their assessment must take place in the overall context (LK Lissabon 4. 4. 2025, CFI 697/2024).