UPC CoA, 6 June 2025, The right to a decision on costs expires after the one-month time limit
20-08-2025 Print this page
A decision on cost for provisional measures proceedings must be applied for within one month of service of the decision on the merits (R. 151.1 RoP).
If no proceedings on the merits are pending the on month time limit begins with the service of the first instance order for provisional measures.
The time limit of R. 151 RoP is not included in the list of time limits contained in R. 9.4 RoP that cannot be extended by the Court under R. 9.3 RoP. However, R. 9 RoP is to be understood as applying to pending proceedings.
Upon expiry of the one-month period pursuant to R. 151 RoP, the substantive right of the successful party to apply for a decision on costs expires. R. 151 RoP is to be regarded as materially preclusive.
Re-establishment of rights (R. 320 RoP) is generally applicable and must be regarded as a general rule in this case. A party may apply for re-establishment within one month of the reason for missing the deadline being removed – but in any case within six months of the missed deadline.
