2026-08-13 - LD The Hague - BTL Medizintechnik v. Lexter Microelectronic Engineering Systems - UPC-CFI-0001048/2025

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Hague Local Division declared inadmissible an application for reimbursement of 60% of the court fees under R. 370.11 RoP that the claimant had uploaded into a case file closed almost two months earlier following a withdrawal decision under R. 265 RoP. The Court held that once proceedings are closed no further submission can be filed, even where the CMS technically permits the upload; a party must first apply for the case to be reopened, and no such request had been made. In the alternative the Court held that the claimant had forfeited the right to reimbursement by informing the Court that no cost decision was needed, court fees forming part of the costs under R. 150.1 and R. 151(d) RoP, and that although R. 370.11 RoP prescribes no express time limit, such an application must be filed within a reasonable period and in any event within the one-month period of R. 151 RoP. Decisions of other local divisions granting reimbursement in comparable circumstances were held not to establish a practice, because none of them ruled on admissibility, and are in any event not binding. Leave to appeal was granted under R. 220.2 RoP expressly to allow the Court of Appeal to harmonise the point.

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: UPC-CFI-0001048/2025