2025-04-04 - LD Lisbon - Digital River Ireland et al. v. Ericsson - UPC_CFI_697/2024
- Aktenzeichen:
- UPC_CFI_697/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Lisbon (PT) Local Division
- Art:
- Order
- Parteien:
- Arvato Netherlands B.V., Digital River Ireland Ltd., ASUSTek Computer Inc. v. Telefonaktiebolaget LM Ericsson
Kernaussage: 1.
2025-04-04 - LD Lisbon - Digital River Ireland et al.
v.
Ericsson - UPC_CFI_697/2024
1. Although the strict literal reading of R. 150 et seq. RoP, these provisions may apply to a cost decision following an order rejecting a preliminary injunction application.
2. The Principle of Proportionality must be considered when awarding costs after an order rejecting a preliminary injunction application if a main action has been filed.
The Lisbon Local Division partially granted an application for a reimbursement of costs filed by the successful respondents of an application for provisional measures. The Defendants' had requested about 140 kEUR but the Court only granted about the 5 kEUR that were exclusively related to the APM-proceedings; the other costs related also to the main action that was filed and were therefore not being reimbursed in these cost proceedings. The court stated that these costs should instead be the subject-matter of the cost proceedings related to the main action.
Stichwörter
Costs; Preliminary Injunction; Principle of Proportionality; Art. 69 UPCA; RoP 150, RoP 151.