UPC CoA 153/2025

The Court of Appeal dismissed Tiroler Rohre's appeal against the Munich Local Division's cost order following withdrawal of its application for provisional measures. The Court held that the ordinary cost rules (R. 150 et seq. RoP) apply to cost decisions following withdrawal under R. 265 RoP; no special rule applies requiring reference to the panel rather than the standing judge. The legal review on appeal is limited to a marginal review of whether costs awarded are reasonable and proportionate (Art. 69(1) UPCA). The judge-rapporteur's detailed cost assessment showed no such deviation.

The Court of Appeal dismissed Tiroler Rohre GmbH's appeal against the first-instance costs decision following withdrawal of the infringement action, confirming the general applicability of R. 150 ff. RoP for cost assessment proceedings after withdrawal under R. 265 RoP. The court confirmed that cost assessment after action withdrawal follows the standard R. 150 ff. procedure and that the appeal review is marginal (limited to whether the awarded amount is unreasonable or contrary to Art. 69(1) UPCA). The costs award of EUR 84,033.76 to SSAB was upheld.