2026-07-10 - CD Milan - Gilead Sciences v. Academy of Military Medical Sciences - UPC-CFI-0001968/2026
- Aktenzeichen:
- UPC-CFI-0001968/2026
- Datum:
- Spruchkörper:
- Court of First Instance - Milan (IT) Central Division- Section
- Art:
- Decision
- Parteien:
- Gilead Sciences, Inc. v. Academy of Military Medical Sciences
Kernaussage: The Milan Central Division granted the successful revocation defendant's cost application, ordering the unsuccessful party to pay EUR 800,000 in recoverable costs, and rejected the paying party's request to stay the cost proceedings pending its merits appeal.
2026-07-10 - CD Milan - Gilead Sciences
v.
Academy of Military Medical Sciences - UPC-CFI-0001968/2026
notable
The Milan Central Division granted the successful revocation defendant's cost application, ordering the unsuccessful party to pay EUR 800,000 in recoverable costs, and rejected the paying party's request to stay the cost proceedings pending its merits appeal. The Court held that the automatic suspensive effect of Art. 74(2) UPCA is lex specialis, confined to appeals against decisions on revocation actions/counterclaims and Art. 32(1)(d),(e),(i) UPCA actions, and cannot be extended to the subsequent and separate determination of costs. It further held that under R. 295 RoP the mere pendency of a merits appeal does not, in itself, justify staying independent cost proceedings, and that payment by instalments cannot be imposed absent party agreement. The decision situates cost proceedings as procedurally distinct from the merits/appeal, governed by the loser-pays principle of Art. 69 UPCA, which reflects Art. 14 of Directive 2004/48/EC as a system-shaping principle.