Luxembourg: Court Of Appeal, 15 February 2024, Order On Fee For The Appeal

1. Key takeaways

Applicable court fees if the table of fees does not provide a fee for the specific action

In the absence of a specific fee for a specific case, such a fee is to be charged for the case that is most comparable to the present case according to the table of fees. The table of fees does not provide a fee for an appeal pursuant Rule 220.1(a) RoP against an order as to which party must bear the costs of the proceedings following the dismissal of an application for provisional measures pursuant to Rule 360 RoP. Thus, such an appeal is subject to the fees pursuant to Rule 220.1(c) RoP, Art. 62 UPCA, i.e., EUR 11.000,00.

2. Division

Court of Appeal, Luxembourg

3. UPC number

UPC_CoA_2/2024

4. Type of proceedings

Appeal proceedings, provisional proceedings

5. Parties

Defendants and appellants: 1. Meril GmbH 2. Meril Life Sciences Pvt Ltd.

Applicant and respondent: Edwards Lifesciences Corporation

6. Patent(s)

EP 3 763 331

7. Body of legislation / Rules

Rule 220.1 RoP, Rule 360 RoP, Art. 62 UPCA

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