Rule 157 – Appeal against the cost decision

The decision of the judge-rapporteur as to costs only may be appealed to the Court of Appeal in accordance with Rule 221.

Relation with Agreement: Article 69

Case Law

Court of Appeal

IPPT20260417, UPC CoA, Guardant v Sophia
Leave to appeal a cost decision granted (R. 221.3 RoP). Decision should have been issued after Guardant had access to the unredacted version of the application and exhibit SG106, and had the opportunity to comment on them. Request to join the appeal with the pending appeal on the merits refused (R. 340 RoP). The assessment of costs is the subject of a specific and separate procedure (R.150 et seq. RoP), which also includes a specific appeal procedure in accordance with R.157 and R. 221 RoP. According to R.221.4 RoP., if leave to appeal a cost decision is granted, the standing judge shall decide the appeal.

Court of First Instance

IPPT20250110, UPC CFI, LD Munich, Edwards Lifesciences v Meril
No legal basis for interest on reimbursable legal costs and other expenses (Article 69 UPCA, R. 156.2 RoP). No provision for judge-rapporteur to grant leave to appeal from a cost decision. According to Rule 221 RoP, a party adversely affected by a decision referred to in Rule 157 RoP may, within 15 days of notification of the relevant decision of the Court of First Instance, file an application for leave to appeal with the Court of Appeal.