UPC CFI 696/2024

At the UPC: EJP Maschinen GmbH (3 cases)·MSG Maschinenbau GmbH (3 cases)

• 2025-03-19
  Application For CostsPublic

  Summary: Costs assessment decision (Kostenfestsetzungsverfahren) by Munich Local Division in MSG Maschinenbau v EJP Maschinen (EP 3 225 320). The court determined the recoverable costs for both the infringement action and the revocation counterclaim. Costs must be both 'reasonable' (necessary from an ex ante perspective) and 'proportionate' (amount not disproportionate to the dispute value, complexity and prospects). Costs for preparing the costs application itself are recoverable. The costs of a third law firm (Hausanwalt) beyond the two official UPC representatives were not reimbursable due to lack of demonstrated necessity.

  Show the legal issues (4)

  • Criteria for recoverable costs under Art. 69 UPCA (reasonable and proportionate)
  • Costs of third/additional counsel beyond the two UPC representatives
  • Costs of preparing the costs application itself
  • Ex ante perspective for assessing necessity of cost-generating measures
• 2025-03-19
  Application For CostsPublic

  Summary: Costs assessment decision in proceedings between MSG Maschinenbau GmbH (defendant in the underlying infringement action, now claimant in costs proceedings) and EJP Maschinen GmbH. MSG was ordered to pay EJP a total of EUR 33,224.50 in recoverable costs within 21 days. The remainder of EJP's costs claims were rejected. No interest on costs awarded.

  Show the legal issues (4)

  • Costs assessment (Article 69 UPCA, Rules 150-152 RoP)
  • Reasonableness and proportionality of costs
  • Costs of preparing costs application
  • No interest on costs