2026-03-31 - CD Paris - Microsoft v. Suinno - UPC-CFI-0000544/2026

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Paris Central Division determined the costs of a counterclaim for revocation at EUR 300,000 against EUR 360,940.60 claimed. It set out the Rule 152(1) RoP framework read with Article 14 of Directive 2004/48/EC: reasonableness excludes costs made excessive by unusually high agreed fees or by services not necessary to enforce the right, necessity being judged ex ante by a diligent and cautious party, while proportionality entitles the successful party not to every reasonable cost but at least to a significant and appropriate portion of them, weighed against the value in dispute, the significance of the case and the difficulty and complexity of the issues. It rejected outright the argument that costs incurred in advancing allegations which misled the Court are irrecoverable: Rule 152(1) RoP subjects recovery only to proportionality and reasonableness. On the figures it excluded cost items whose amounts were redacted even in the unredacted filing, items belonging to the separate infringement action already assessed, and activity after the proceedings had concluded, while allowing the work of the law firm's French branch as covered by the mandate. It also granted the EUR 20,000 court fee paid for filing the counterclaim, although the operative part states a single figure of EUR 300,000 described as the costs of representation, so whether that fee is included in the sum awarded is not clear from the face of the decision.

Quelle und Fundstellen

Quelle: UPC Case File

Aktenzeichen: UPC-CFI-0000544/2026