UPC_CFI_98/2025

Order of Central Division Paris Seat in BMW v ITCiCo Spain (EP 2 796 333) on an application for a costs decision. BMW (applicant/claimant in the revocation action, where a default judgment had revoked the patent) sought recovery of costs incurred in opposing ITCiCo's failed application to set aside the default judgment. The court held that an application to set aside a decision by default is an internal procedural remedy and does not independently give rise to costs: those costs may be claimed within the costs proceedings related to the underlying default judgment.