2025-04-21 - CD Paris - Bayerische Motoren Werke Aktiengesellschaft v. Itcico Spain - UPC_CFI_601/2024
- Aktenzeichen:
- UPC_CFI_601/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Paris (FR) Central Division - Seat
- Art:
- Order
- Parteien:
- Bayerische Motoren Werke Aktiengesellschaft v. ITCiCo Spain S.L.
Kernaussage: The Paris seat of the Central Division determined in full the costs of a successful defence of a revocation action, awarding EUR 97,855.
2025-04-21 - CD Paris - Bayerische Motoren Werke Aktiengesellschaft
v.
Itcico Spain - UPC_CFI_601/2024
notable
The Paris seat of the Central Division determined in full the costs of a successful defence of a revocation action, awarding EUR 97,855.00. The judge-rapporteur checked three things in turn: that the application was lodged within the one-month period of Rule 151 RoP; that the court fees claimed were accurately stated; and that the representation costs of EUR 72,365 fell within the EUR 112,000 ceiling applicable to a value of EUR 1,000,000 under the Administrative Committee decision of 24 April 2023, were well documented and appeared necessary and proportionate to the activity undertaken, no objection to quantum having been raised. The order also allowed EUR 5,490 for a prior-art search, holding that such costs are necessary where an ex-ante assessment by a prudent and economically reasonable party shows them apt to achieve the legitimate procedural objective of acquiring evidence of the alleged invalidity, and proportionate.