2026-08-07 - LD Mannheim - Hurom et al. v. NUC Electronics et al. - UPC-CFI-0002304/2026
- Aktenzeichen:
- UPC-CFI-0002304/2026
- Datum:
- Spruchkörper:
- Court of First Instance - Mannheim (DE) Local Division
- Art:
- Decision
- Parteien:
- NUC Electronics Co., Ltd. v. Hurom Co., Ltd.
Kernaussage: The Mannheim Local Division fixed the recoverable representation costs of appellate proceedings that ended in a permitted withdrawal of the appeal, and cut the claim on two grounds.
2026-08-07 - LD Mannheim - Hurom et al.
v.
NUC Electronics et al. - UPC-CFI-0002304/2026
notable
The Mannheim Local Division fixed the recoverable representation costs of appellate proceedings that ended in a permitted withdrawal of the appeal, and cut the claim on two grounds. First, once the appellant had applied to withdraw its appeal, the respondent was no longer justified in finalising its response to the statement of grounds: it should have sought an extension of the running time period and raised its objections to the withdrawal by separate brief, and in any event the withdrawal request amounted to acceptance of the first-instance dismissal, so no argument on the merits was needed. Only the time reasonably required to analyse and comment on the new situation was recoverable, estimated at 2 of the 4.6 hours claimed. Second, the costs of preparing and filing the cost application itself are not recoverable at all: following the Court of Appeal in Hanshow v VusionGroup, Philips v Belkin and Niche Biomedical v Onward Medical, each party bears its own costs of the cost decision procedure apart from the appeal court fee, because Art. 69 UPCA governs proceedings in which cost allocation is a consequence of the outcome and not proceedings whose subject-matter is the determination of costs.