UPC CoA, 18 February 2026: No suspensive effect appeal of interim cost award
21-03-2026 Print this page
Request for suspensive effect for interim cost award rejected: no infringement of fundamental procedural rights and manifest errors (R. 211.1(d) RoP, R. 223 RoP).
In general, the Court may assume that the successful party will be entitled to 50% of the applicable ceiling and may order reimbursement of the amount by means of an interim award, unless there are clear indications that the successful party in fact incurred fewer representation costs, or that 50% of the applicable ceiling is more than what would be reasonable or proportionate in the particular circumstances of the case.
At the same time, as a general rule, the Court cannot assume that the successful party is entitled to more than 50% of the applicable ceiling before the conclusion of the cost proceedings according to Chapter 5 of Part 1 RoP. An exception may apply if parties have submitted and discussed cost specifications during the proceedings or have agreed on the costs to be reimbursed.
Request to set a deadline for paying the interim costs dismissed. There is no legal basis for a request to supplement the first-instance decision in the proceedings for an order suspending the effect of the appeal, by setting a deadline for Guardant to pay the interim award of costs.
