A guide to the UPC and the UP - Flipbook - Page 440
Costs Decisions
21-37 A party adversely affected by a decision on costs can lodge an application for leave
to appeal to the Court of Appeal. 60 In support of the application for leave to appeal,
the appellant must provide reasons why the appeal should be heard and “where necessary”
provide the underlying facts, evidence, and arguments relied on. 61 It is difficult to imagine
cases where such underlying information will not be required; in most cases a party will be
expected to provide the factual evidence and arguments forming the background of the
application. The application for leave to appeal is assigned to the standing judge of the
Court of Appeal who makes a decision regarding whether to grant such leave. If the request
to appeal a costs decision is granted, the standing judge also decides the appeal 62 but not
until the written and interim procedures have been completed.
Written Procedure
21-38 Art.73 UPCA, in conjunction with rr.224 to 234 RoP, governs the statement of appeal and the
statement of grounds of appeal, and defines their legal requirements. The procedure for
appeals essentially corresponds to that of the first instance case. There is a written procedure,
an interim procedure, and an oral procedure followed by a decision.
Time Periods
Time for Lodging the Statement of Appeal
21-39 The time periods for lodging a statement of appeal will differ depending on the
decision being appealed and are as follows: 63
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Two months from service of a final decision of the Court of First Instance or a decision
terminating the proceedings as regards only one party; 64
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15 days from service of an order listed in r.220(1)(c) RoP 65, being mostly orders relating
to the obtaining of evidence or precautionary measures;
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15 days from the Court of First Instance’s decision granting leave to appeal in relation to
all other procedural orders not listed in r.220(1)(c) RoP. 66 Where the Court of First Instance
does not grant leave and a request for discretionary review is allowed by the standing judge
of the Court of Appeal, the standing judge will order what further steps, if any, the parties
must take and the time limits for taking them and as a consequence, no further mention
is made of such appeals in the rules on written procedure; 67 and
–
15 days from the decision of the standing judge of the Court of Appeal
granting leave to appeal a cost decision. 68
21-40 Where the patent proprietor or the President of the EPO lodges an appeal against
a decision of the standing judge, r.97(4) RoP states that after the request for the unitary
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rr.157 and 221 RoP.
r.221(2) RoP.
rr.221(3) and (4) RoP. This is one of the exceptions to art.78 UPCA requiring that the Court of Appeal decide appeals sitting in
panels of five members. The other exception being decisions of the full Court.
r.224(1) RoP.
r.220(1)(a) and (b) RoP.
arts 49(5), 59, 60, 61, 62 or 67 UPCA.
r.220(2) RoP.
rr.220(3) and (4), third sentence RoP.
r.221(3) RoP. Further information on cost decisions is found in chapter 20 (Court Fees and Recoverable Costs).
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 430
