UPC CFI, LD Brussels, 2 May 2025: Criteria for staying cost proceedings explored

Costs proceedings suspended until the UPC Court of Appeal has issued a judgment on the merits or the dispute is otherwise terminated (Article 69 UPCA, Article 74 UPCA, R. 150 RoP, R. 295(c) RoP). 

The Judge-Rapporteur infers that, as an exception to the general rule (starting position), the stay of cost proceedings is possible in the following cases (whether individually or cumulatively): 

• If an appeal has been lodged against the decision on the merits by the first judge (R.295(c) RoP), the Judge-Rapporteur may suspend the proceedings ex officio;
• If in the light of the "proper administration of justice", it is appropriate for the judge-rapporteur to stay the costs proceedings (in application of R. 295(m) RoP);
• If the specific circumstances of the case indicate that the application of Article 69(1) would lead to "unfair" consequences for the "unsuccessful party" (in this case, the Respondent), it is the Respondent’s responsibility to convince the Judge-Rapporteur of these “unfair” consequences arising from an enforceable costs decision.

IPPT20250502, UPC CFI, LD Brussels, OrthoApnea