UPC_CFI_131/2025

Final rectification order from the Brussels Local Division dated 19 August 2025 pursuant to R. 353 RoP, correcting a material error (arithmetic mistake) in an earlier costs order. The order clarifies that a rectification under R. 353 RoP is limited to correcting material errors, clerical mistakes and arithmetic errors, and cannot be used to reopen the reasoning of the earlier decision. The court also held that a rectification order does not affect the time limits for appeal relating to alleged legal errors in the original decision.

Provisional Procedural Order IV in the costs proceedings brought by OrthoApnea S.L. and Vivisol B BV against an anonymised defendant. The Judge-Rapporteur suspended the costs proceedings pending the outcome of the defendant's appeal against the merits decision (UPC_CFI_376/2023 / UPC_CoA) on grounds of fairness, since the costs outcome depends on the appeal outcome.

The Brussels Local Division (judge-rapporteur Samuel Granata, in Dutch) issued Provisional Procedural Order IV, suspending the costs proceedings (ACT_7974/2025, requesting EUR 92,814.62 in costs from the anonymised defendant) pending the Court of Appeal's decision on the merits of the underlying dispute. The order instructs the successful party to notify the judge-rapporteur of the outcome once the Court of Appeal has decided, so that a final costs decision can be rendered.