2025-02-15 - CD Milan - Insulet v. EOFLOW - UPC_CFI_380/2024

The costs of a preliminary injunction must be settled at the same time as the decision on the merits, since the outcome of the preliminary phase must be considered in the framework of the overall settlement of litigation costs; cost compensation cannot be parcelled out according to the outcome of the various stages of the case but must relate to the final decision on the case as a whole. The outcome of the preliminary phase concerning the application for a preliminary injunction, therefore, does not give rise to an award of costs if the filing of an application for preliminary measures has already been followed or is to be followed by proceedings on the merits.

The Milan Central Division dismissed an application for cost reimbursement in PI proceedings, stating that theses costs would have to be settled together with the decision on the merits. The Court clarified the system of cost reimbursement in provisional proceedings. This order was published twice.