ACT 7974/2025

—·EP2331036: DEVICE FOR TREATING NIGHT TIME BREATHING PROBLEMS

Case details: Status
—
Action
Application for costs
Category
Costs Assessments
Parties: Claimants
OrthoApnea S.L.
Vivisol B BV
Reps: Van den Horst; Niemeijer
Respondents
[Individual claimant - anonymised]
Reps: C. Ronse; K. Claeyé
Division: Brussels LD
Judges: Samuel Granata · Presiding judge and judge-rapporteur
Margot Kokke · Legally qualified judge
Andras Kupecz · Legally qualified judge
Technology: Pharmaceutical & Medical
Language: —
First decided: Jul 25, 2025

Decisions

2025-07-25
Costs onlyCostsApplication For Costs
Decision of the Brussels Local Division on costs (Rule 156 RoP) following dismissal of infringement claims in the main proceedings (UPC_CFI_376/2023) brought by a claimant against OrthoApnea S.L. and Vivisol B BV. The Court set out principles for cost recovery including timing of requests for ceiling adjustments, burden of proof for claimed costs, and excluded translation costs and certain security-related costs as non-recoverable.
Legal issues:Costs decision Rule 156 RoPRecoverable costs ceilings Art. 69 UPCABurden of proof for costs Art. 54 UPCATranslation costsAdmissibility of late requests for ceiling adjustments

Documents