Rule 151 – Start of proceedings for cost decision

Where the successful party (hereinafter "the applicant") wishes to seek a cost decision, it shall within one month of service of the decision lodge an Application for a cost decision which shall contain:

(a) particulars in accordance with Rule 13.1(a) to (d);

(b) the date of the decision and the action number of the file;

(c) a statement as to whether the decision on the merits is the subject of an appeal, if known at the date of the Application;

(d) an indication of the costs for which compensation is requested, which may include recovery of court fees and costs of representation, of witnesses, of experts, and other expenses; and

(e) the preliminary estimate of the legal costs that the party submitted pursuant to Rule 118.5.

Case Law:

IPPT20231219, UPC CFI, LD Munich, Edwards Lifesciences v Meril
Settlement of application for preliminary measures. Only obligation to reimburse costs can at present be determined, any further claims dismissed as currently premature. A specific amount to be reimbursed has not yet been named and it has not been submitted that the costs incurred by the applicant will certainly exceed the upper limit of reimbursable costs of € 200.000, only the obligation to reimburse can be determined on the merits at present. Any further claims must therefore be dismissed as currently premature (Rule 118.5 RoP; Rule 151 RoP).