Rule 221 – Application for leave to appeal against cost decisions

1. A party adversely affected by a decision referred to in Rule 157 may lodge an Application for leave to appeal to the Court of Appeal within 15 days of service of the decision of the Court.

2. The Application for leave to appeal shall set out:

(a) the reasons why the appeal should be heard;

(b) where necessary, the facts, evidence and arguments relied on.

3. The Application for leave to appeal shall be assigned to the standing judge (Rule 345.5 and .8) who shall decide on granting leave to appeal.

4. If leave to appeal a cost decision is granted the standing judge shall decide the appeal.

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.

IPPT20260204, UPC CoA, EOFlow v Insulet
Appeal against order imposing penalties inadmissible. (Article 69 UPCA,  Art. 82(4) UPCA, Rule 354.4 RoP).  Leave to appeal granted by first instance regarding confidentiality request (Rule 221 RoP) cannot be presumed to extend to the order imposing the penalty. The Legal remedy against a cost order for penalty payments (Article 69 UPCA) is an appeal under R. 220.2 RoP and not an application for leave to appeal against cost decisions according to R. 221 RoP. (Rule 220.2 RoP, Rule 221 RoP). Orders on costs, which concern both, the question of who bears the costs and the amount - are subject to the same legal remedy as the decision on the merits. 

IPPT20251224, UPC CoA, Suinno V Microsoft
Leave to appeal against cost decisions denied. (R. 221.RoP). It is evident from the order that the judge-rapporteur has made a thorough and detailed assessment of the costs.

IPPT20250820, UPC CoA, expert e-Commerce v Seoul Viosys
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.  

IPPT20250403, UPC CoA, EOFLow v Insulet
Withdrawal of an application for leave to appeal against cost decision (R. 221 RoP) allowed pursuant to R. 265 RoP

IPPT20250221, UPC CoA, Hanshow v Vusion

Application for default judgment dismissed (R. 357 RoP). The application for leave to appeal against a cost decision is considered to be a Statement of appeal and a statement of grounds for appeal (R. 221 RoP, R. 224 RoP). An application for the determination of costs is a summary procedure, decided in the first instance by the judge-rapporteur (R. 156.2 RoP) and in appeal by the standing judge (R. 221.4 RoP). The application always requires leave to appeal and there is no obligation for the standing judge to hear the other party before allowing the appeal. The application for leave to appeal under R. 221 RoP must already set out the grounds on which the appeal is based. Court fees in case of a granted leave to appeal against cost decision. If a party applies for permission to appeal against a decision on costs, it pays a court fee of € 1.500. If the appeal is allowed, the fee originally paid will not apply, but a fee of € 3.000 will be charged for an appeal against a costs order.

Court of First Instance

IPPT20250819, UPC CFI, LD Brussels, OrthoApnea
Rectification of obvious calculation error in cost decision of  25 July 2025 (R. 353 RoP). The Court cannot, in the context of a R. 353 RoP procedure, reconsider the grounds for its decision. The time limits set out in R 221 (1) RoP are not adjusted (in the sense of suspended) by the present Correction Order (or request for such) and the Cost Decision itself remains decisive.

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.