2024-12-30 - LD Milan - Insulet v. Menarini - UPC_CFI_400/2024

1. In proceedings for costs decision under rules 150 RoP et seq. an already existing decision on costs in principle is required. Indeed, an application for a cost decision shall contain, inter alias, under rule 156 RoP (e) the preliminary estimate of the legal costs that the party sub-mitted pursuant to Rule 118. 5. RoP. 2. In proceedings for costs decision, it is not for the Judge rapporteur to decide what percentage of the costs should be shared between the parties or whether they should be set off, only dealing with the fixation of the amount of compensation for costs by not with the principle decision on the costs. 3. The cost decision is binding on the cost award decision: the judge rapporteur may not ap-portion the costs in accordance with the quotas provided for in the cost decision, in case the latter is lacking.

The Milan Local Division dismissed an application for a decision on the amount of costs due to the lack of a cost decision in principle. The court explained the relation between these types of decisions and what the JR may - and may not - decide.