UPC CoA 380/2025

Court of Appeal dismissed an application for leave to appeal against a cost decision (R.221 RoP) and refused requests to refer questions to the CJEU for preliminary rulings under Art. 267 TFEU. The Court clarified that while it must interpret its own law consistently with EU law, it cannot ask the CJEU to interpret the UPCA or the RoP directly.

The Court of Appeal ruled on an application for leave to appeal a cost decision and on a preliminary reference request to the CJEU (Art. 267 TFEU), providing extensive guidance on when the UPC must refer questions of EU law, while rejecting expert klein's proposed preliminary reference questions as not requiring a referral.