UPC CFI, LD Dusseldorf, 9 July 2025: No reimbursement of costs for cost decision
15-09-2025 Print this page
Cost decision (R. 150 RoP).
Defendants’ demand for reimbursement of representation costs for the cost procedure is unfounded. Proceedings for cost decisions under R. 150 et seq. RoP are summary proceedings, determined by the judge-rapporteur.
Awarding compensation for the additional costs that can be attributed to the proceedings for cost decisions as such is not envisaged in the Rules. It would give the parties an incentive to spend considerable resources on these summary proceedings. Awarding costs upon costs cannot have been intended in the Rules. A party, even if successful in the context of proceedings for a cost decision under R. 150 RoP, will normally have to carry its own costs attributable to the cost proceedings. In exceptional cases a party may be ordered to bear any unnecessary costs it has caused the Court or another party.
