UPC CFI 1110/2025

Amounts already reimbursed by defendants under the original first-instance costs decision are recoverable in the post-appeal costs proceedings, because the appeal court's reversal of the costs liability ruling deprived the original costs decision of its legal basis.

The parties' first-instance agreement to recognise 100,000 EUR as recoverable representation costs (split 50/50 between the infringement action and the nullity counterclaim) governs first-instance costs and the defendants are entitled to rely on it.

Actual appeal-instance representation costs of 59,975.95 EUR (attorneys' fees) are reasonable, proportionate, and below the reimbursement ceiling, so they should be awarded in full.

Travel and accommodation costs of 353.33 EUR for the first instance are reasonable and supported by documentary evidence.

The first-instance cost-sharing agreement should also apply to the appeal proceedings, entitling defendants to 122,000 EUR for appeal costs.

Repayment of costs already reimbursed under the original costs decision cannot be claimed via a costs application.