2025-11-06 - CD Paris - Microsoft v. Suinno - UPC_CFI_724/2025
- Aktenzeichen:
- UPC_CFI_724/2025
- Datum:
- Spruchkörper:
- Court of First Instance - Paris (FR) Central Division - Seat
- Art:
- Decision
- Parteien:
- Microsoft Corporation v. Suinno Mobile & AI Technologies Licensing Oy
Kernaussage: The Paris Central Division fixed the costs recoverable by the successful defendant of an infringement action that the Court of Appeal had disposed of by judgment in default.
2025-11-06 - CD Paris - Microsoft
v.
Suinno - UPC_CFI_724/2025
notable
The Paris Central Division fixed the costs recoverable by the successful defendant of an infringement action that the Court of Appeal had disposed of by judgment in default. The default judgment settled who bears the costs and bound the cost-decision court, which could only identify and quantify them. Applying R. 152(1) RoP and the CJEU case law on Art. 14 of Directive 2004/48/EC, the Court re-assessed the value of the action itself — the interim-conference figure of EUR 13,000,000 was replaced by the objective interest shown in the statement of claim under R. 370(6) RoP, giving a ceiling of EUR 600,000 — and awarded EUR 350,000, reduced for proportionality because the action ended before the oral hearing so much of the advocacy work was never performed. Redacted invoice items, costs of the unfinished revocation counterclaim and the costs of third-party file-inspection proceedings were excluded. The requests to defer the decision pending a rehearing application and pending the counterclaim's own cost decision were both refused.