UPC CoA, 21 August 2025: No need to refer question to CJEU regarding one month time limit for cost decision
02-11-2025 Print this page
Leave to appeal - request to refer questions to the CJEU denied (R. 221 RoP, Article 21 UPCA).
Right to seek a cost decision (Article 69 UPCA) elapses after expiry of the one month time limit (R. 151 RoP). Can only be remedied through reestablishment of rights (R. 320 RoP). UPCA and RoP must be interpreted in a manner that is consistent with EU law (Article 20 UPCA).
The UPC cannot ask to the CJEU to interpret the UPCA or the RoP: a referral of questions to the CJEU on interpretation of Art. 69 UPCA and R. 151 RoP as suggested by expert cannot be made.
For there to be jurisdiction of the CJEU (Article 21 UPCA) the request for a preliminary ruling must concern a rule of EU law other than the Charter applicable to the case in the main proceedings.
No reason to refer any questions to the CJEU for a preliminary ruling regarding the one month time limit of R. 151 RoP (Article 14 Enforcement Directive). The provision is not complex. The requirement does not go beyond what is necessary to achieve their objective. The provision clearly does not disproportionately affect the party’s right to effective judicial protection. In addition R. 320 RoP provides for re-establishment of rights.
