UPC APP 283/2025

—·EP2043492: A HAND-HELD CLEANING APPLIANCE

Case details: Status
—
Action
Procedural application
Category
Other Procedural
Parties: Claimants
SharkNinja Europe Limited
SharkNinja Germany GmbH
Reps: Wolrad Prinz zu Waldeck Und Pyrmont (Freshfields Bruckhaus Deringer); Kilian Seidel (Freshfields Bruckhaus Deringer)
Respondents
Dyson Technology Limited
Reps: Constanze Krenz (DLA Piper); David Kleß (DLA Piper); Joschua Fiedler (DLA Piper)
Division: Court of Appeal
Judges: Rian Kalden · Presiding judge, legally qualified judge
Ingeborg Simonsson · Legally qualified judge, judge-rapporteur
Patricia Rombach · Legally qualified judge
Graham Ashley · Technically qualified judge
Max Tilmann · Technically qualified judge
Technology: Furniture & Household
Language: —
First decided: Jan 20, 2025

Decisions

2025-01-20
DismissedCostsGeneric application
Court of Appeal dismissed SharkNinja's application for suspension of cost-determination proceedings (R. 295(d) RoP) as inadmissible, because the one-month period for filing a cost-determination application (R. 151 RoP) starts from service of the merits decision, not from service of the preliminary injunction order. Since no merits decision had yet been issued, the application was premature. The court further noted that R. 150/151 RoP apply by analogy where no main proceedings are initiated after unsuccessful provisional measures.
Legal issues:Admissibility of cost-determination application (R. 150, 151 RoP)Timing of cost proceedings after provisional measuresAnalogous application of R. 150/151 where no main proceedings are initiated
2025-01-20
Costs onlyCostsGeneric application
Court of Appeal (Second Panel) ruled on SharkNinja's application for a stay of cost assessment proceedings and/or extension of time. The Court held that the one-month period for lodging an application for a cost decision (R. 151.1 RoP) begins with service of the decision on the merits, not with service of the provisional measures order. The cost assessment was not stayed pending the merits proceedings.
Legal issues:Application for cost decision (R. 150, R. 151 RoP)Stay of cost assessment proceedings (R. 295(d) RoP)Timing of cost application after provisional measures

Documents