2026-08-06 - LD Munich - Niche Biomedical v. Onward Medical - UPC-CFI-0001569/2025

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Munich Local Division, through the judge-rapporteur sitting alone, fixed the costs of successfully defended preliminary-measures proceedings at the applicable ceiling and gave two headnoted rulings on how a party asks for that ceiling to be lifted. A request to raise or lower the ceiling under Article 2(4) of the Administrative Committee Decision of 24 April 2023 on the scale of recoverable-cost ceilings is only made where the request shows expressly and unambiguously that a raise or reduction is sought; this follows from the requirement of a clear and specific request in Art. 76 UPCA and is a significant procedural principle rather than mere formalism. A request for an interim award of costs in a specified amount is therefore not a request to raise the ceiling, even where the sum claimed exceeds the ceiling and the party states that its costs already exceed the regulated maximum. The Court added that a request to raise the ceiling is in any event no longer possible once the preliminary-measures application has been decided, and that a raise would not have been justified here because the case was not particularly complex in fact or in law. On quantum it held that where the cost items not objected to already exceed the ceiling, the contested items need not be assessed at all, and that a blanket comparison with the hours claimed for protective letters in other UPC proceedings cannot displace case-specific submissions on reasonable time.

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: UPC-CFI-0001569/2025