UPC CFI, LD Milan, 9 May 2025: Maximum limit for costs can only be reached in limited situations

15-08-2025 Print this page
Editor:
Dick van Engelen
IPPT20250509, UPC CFI, LD Milan, Oerlikon v Bhagat

Cost decision (Article 69 UPCA, R. 156 RoP, ): € 77.064 (instead of requested € 136.756.) The maximum limit, in accordance with the principle of proportionality, can only be reached in limited situations, for example due to the complexity of the issues involved, the number of patents examined, the parties involved or the use of several languages. As stated in previous decisions of the Court, the costs actually incurred by the necessary measure must not be disproportionate in terms of their specific amount. In particular, they must not be disproportionate to the amount in dispute, the importance of the issue, the degree of difficulty and complexity of the legal and factual issues relevant to the decision, and the prospects of success of the measure involving the costs