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.