UPC CFI 131/2025

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

• 2025-08-19
  Public

  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