UPC CoA, 20 January 2025: Cost decision can be applied for after decision on the merits
19-02-2025 Print this page
Inadmissible application for cost decision following decision on provisional measures.
An application for a decision for costs can only be lodged within one month after the service of the decision on the merits. (R. 150 RoP).
If the applicant does not start proceedings on the merits of the case pursuant to R. 213 RoP, for example, if the application for provisional measures was unsuccessful, R. 150 and 151 RoP do not appear to be applicable, at least on a strict literal reading. However, to fulfil the objectives of Art. 69(1-3) UPCA that the successful party can have its reasonable and proportionate legal costs and other expenses compensated by the unsuccessful party, an application of R. 150 and 151 RoP mutatis mutandis would be justified in that situation.
