Article 70 - Apportionment of costs

1. The losing party in proceedings for a declaration of invalidity of a registered EU design or appeal proceedings shall bear the fees paid by the other party for the application for a declaration of invalidity and for appeal. The losing party shall also bear the costs incurred by the other party that are essential to the proceedings, including travel and subsistence and the remuneration of a representative within the meaning of Article 78(1), within the maximum rates set for each category of costs in the implementing act adopted pursuant to Article 70a. 

2. Where each party succeeds on some and fails on other heads, or where reasons of equity so dictate, the Invalidity Division or Board of Appeal shall decide on an apportionment of costs different from that set out in paragraph 1. 

3. A party who terminates the proceedings by withdrawing the EU design application, the application for a declaration of invalidity or the appeal, by not renewing the registration of the EU design, or by surrendering the registered EU design, shall bear the fees and the costs incurred by the other party as set out in paragraphs 1 and 2.

4. Where a case does not proceed to judgment, the costs shall be at the discretion of the Invalidity Division or Board of Appeal. 

5. Where the parties conclude before the Invalidity Division or Board of Appeal a settlement of costs differing from that provided for in paragraphs 1 to 4, the body concerned shall take note of that agreement. 

6. The Invalidity Division or Board of Appeal shall fix of its own motion the amount of the costs to be paid pursuant to paragraphs 1 to 5 of this Article when the costs to be paid are limited to the fees paid to the Office and the representation costs. In all other cases, the registry of the Board of Appeal or Invalidity Division shall fix, upon request, the amount of the costs to be paid. The request shall be admissible only for a period of two months following the date on which the decision for which a request was made for the costs to be fixed becomes final and shall be accompanied by a bill and supporting evidence. For the costs of representation pursuant to Article 78(1), an assurance by the representative that the costs have been incurred shall be sufficient. For other costs, it shall be sufficient if their plausibility is established. 

Where the amount of the costs is fixed pursuant to the first subparagraph of this paragraph, representation costs shall be awarded at the level laid down in the implementing act adopted pursuant to Article 70a and irrespective of whether they have been actually incurred. 

7. Decisions on the fixing of costs adopted in accordance with paragraph 6 shall state the reasons on which they are based and may be reviewed by the Invalidity Division or Board of Appeal following a request filed within one month of the date of notification of the decision. It shall not be deemed to be filed until the fee for reviewing the amount of the costs has been paid. The Invalidity Division or the Board of Appeal, as the case may be, shall take a decision on the request for a review of the decision on the fixing of costs without oral proceedings.’;