2026-07-23 - Court of - Meril et al. v. Meril et al. - UPC_CFI_732/2024
- Aktenzeichen:
- UPC_CFI_732/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Nordic Baltic Regional Division
- Art:
- Decision
- Parteien:
- Meril Lifesciences PVT Limited v. REDACTED PARTY, REDACTED PARTY
Kernaussage: The Nordic-Baltic Regional Division held, by headnote, that compensation for costs should not be awarded in respect of applications for access to written pleadings and evidence under R.
2026-07-23 - Court of - Meril et al.
v.
Meril et al. - UPC_CFI_732/2024
notable
The Nordic-Baltic Regional Division held, by headnote, that compensation for costs should not be awarded in respect of applications for access to written pleadings and evidence under R. 262.1(b) RoP, and dismissed a patent proprietor's application for EUR 12,536 against a member of the public whose access request had been refused. The Court accepted the premise that Art. 69(1) UPCA and R. 151 RoP identify the successful and unsuccessful party by reference to the sub-proceeding rather than to the main action, so that an unsuccessful applicant for access may in principle be an unsuccessful party. It nevertheless refused any award for three reasons going to the structure of R. 262 RoP: a party's own review of its pleadings for confidentiality under R. 262.2 RoP is an ordinary part of its general legal costs and not caused by the access request; an access request attracts no separate court fee, which implies under R. 370 RoP that its costs are not compensated; and because the Guidelines set no value of the proceedings for an access request, there is no legal framework against which proportionality or a recoverable-cost ceiling could be assessed. The Art. 69(3) UPCA route for unnecessary costs remained open in principle but no exceptional circumstances were proven.