Edwards Lifesciences v Meril (CFI, 10 January 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 10 January 2025 (UPC_CFI_249/2023, ORD_4627/2024), the judge-rapporteur of the Munich Local Division fixed at EUR 244,000 the costs that Meril GmbH and Meril Life Sciences must reimburse to Edwards Lifesciences following provisional measures proceedings, an amount the parties had agreed, but refused to add interest. Neither the UPCA nor the Rules of Procedure provide for interest on costs fixed in cost assessment proceedings, and Rules 125 and 131 cannot be applied by analogy. The point matters to any party awaiting reimbursement: time spent in cost assessment is not compensated.

Question

Do costs fixed in cost assessment proceedings under Rules 150 and 151 carry interest?

Decision

No. Only the claim to interest at five points above the base rate under § 247 BGB was disputed. Rules 125 and 131, which concern damages and expressly provide for interest (Rule 131.2(a)), cannot be extended as there is no unintended gap. Rule 151 contains no comparable requirement. A party successful in provisional measures proceedings may in any event seek interim reimbursement of costs, enforceable immediately (Rules 221.1(d) and 242.2(a)). Whether lost interest may be recovered as damages is left open. Meril must pay EUR 244,000 within 20 days, the remainder of the application is dismissed.

Key points for practice

• No interest is awarded on costs fixed under Rules 150 and 151: an application for interim reimbursement during provisional proceedings remains the way to avoid bearing the cost of delay.
• The judge-rapporteur’s order can only be challenged by an application for leave to appeal within 15 days (Rules 157 and 221).

Provisions applied

Agreement on a Unified Patent Court

Arts 68(2) and 82

Rules of Procedure

Rules 125, 131, 150, 151, 156.2, 157, 221 and 242.2

Case law cited

Meril Life Sciences v Edwards Lifesciences, Court of Appeal, 18 January 2024 (relied on by the applicant)

Related decisions

• Meril v Edwards Lifesciences, 19 December 2023, Munich Local Division order in the provisional measures proceedings.

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.