2023-12-19 - LD Munich - Edwards Lifesciences v. Meril - UPC_CFI_249/2023

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Munich Local Division disposed of Edwards Lifesciences' PI application against Meril after the respondents issued a cease-and-desist undertaking during the written proceedings, and held that R. 360 RoP (disposal of the main matter) and R. 118.5 RoP (cost order) apply by analogy to PI proceedings, so that a cost-assessment procedure under R. 151 RoP may follow. On the merits of the cost decision under Art. 69 UPCA, the Court found that the extraordinary circumstances — the respondents' late undertaking 'without acknowledgment of any legal obligation' — placed them de facto in the position of the unsuccessful party; because they could have given the same undertaking before the pre-action deadline expired on 13 July 2023 and thereby avoided all proceedings, they had caused the applicant unnecessary costs within the meaning of Art. 69(3) UPCA. The Court therefore ordered the respondents to bear the applicant's costs up to the €200,000 cap applicable to a €1,500,000 value in dispute; the applicant's further request for quantified costs and immediate enforcement was held premature. Appeal was admitted because the analogous application of R. 360 and R. 118.5 RoP to PI proceedings had been decided for the first time.

Stichwörter: Antrag auf Erlass einstweiliger Maßnahmen; Erledigung; Kostengrundentscheidung; Kostenfestsetzungsverfahren

Quelle und Fundstellen

Quelle: UPC Website

Referenz: ORD_577734/2023

Aktenzeichen: UPC_CFI_249/2023