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UPC CFI 131/2025

Feb 18, 2025·EP2331036 · DEVICE FOR TREATING NIGHT TIME BREATHING PROBLEMS

Action number: ACT 7974/2025

Case details
Status
Case Closed
Action
Generic
Category
Costs assessments
Parties
Claimants
Representatives
Respondents
  • Name withheld (GDPR)
Representatives
Division
Brussels LD
Technology
  • Instruments
    Medical technology
Language
Dutch
First decided
May 2, 2025
Last decision
Jul 25, 2025
How this compares
How long the court takes to reach a first decision.
Median days to first decision
All UPC124
Brussels LDLocked
Judge Samuel GranataLocked
Judge András KupeczLocked
Judge Margot KokkeLocked

At the UPC: OrthoApnea S.L. (7 cases)

Decisions
  • 2025-08-19

    Summary: 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.

    Show the legal issues (3)
    • Rectification of material errors under R. 353 RoP
    • Scope of rectification versus appeal
    • Effect of rectification on appeal time limits
  • 2025-07-25
    Application For CostsPublic

    Summary: 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.

    Show the legal issues (5)
    • Costs decision Rule 156 RoP
    • Recoverable costs ceilings Art. 69 UPCA
    • Burden of proof for costs Art. 54 UPCA
    • Translation costs
    • Admissibility of late requests for ceiling adjustments
  • 2025-05-02
    Application For CostsPublic

    Summary: 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.

    Show the legal issues (3)
    • Stay of costs proceedings pending appeal on merits (Rule 221 RoP)
    • Fairness assessment in cost proceedings
    • Cost procedure under Rule 151 RoP
Document titleDatePublic
finalOrder - R. 353 Rop - nl ORD 35065-2025 - signed - anonymized2025-08-20Not public
Headnote-and-Keywords-Translated2025-08-20Not public
Headnote-and-Keywords2025-08-19Not public
R. 353 RoP2025-08-19Not public
R. 353 RoP2025-08-19Public
R. 3532025-08-07Not public
Receipt2025-08-04Not public
Application for rectification R.3532025-08-01Not public
Headnote-and-Keywords-Translated2025-07-25Not public
Headnote-and-Keywords-Translated2025-07-25Not public