UPC CFI 1569/2025

At the UPC: Niche Biomedical, Inc. (7 cases)·ONWARD Medical N.V. (7 cases)

• 2026-08-06
  OtherPublic

  Summary: Cost decision of the Munich Local Division. ONWARD Medical was ordered to pay Niche Biomedical EUR 112,000 within three weeks, the ceiling for recoverable costs at the value of the provisional-measures proceedings, which was set at EUR 1,000,000. The remainder of the cost application was rejected: the recoverable amount computed from the unchallenged items already exceeded the ceiling, and no explicit request to raise the ceiling had been made.

  Show the legal issues (4)

  • ceiling for recoverable costs (Art. 2(4) of the Administrative Committee decision of 24 April 2023)
  • a request to raise the ceiling must be explicit
  • an application for an interim award of costs is not a request to raise the ceiling
  • cost determination (R. 150 ff. RoP)