Meril v Edwards Lifesciences (CoA, 15 February 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By procedural order of 15 February 2024 (UPC_CoA_2/2024, APL_83/2024), the judge-rapporteur of the Court of Appeal set at EUR 11,000 the fee payable for Meril’s appeal against the costs decision of the Munich Local Division of 19 December 2023, made when closing provisional measures proceedings brought by Edwards Lifesciences (EP 3 763 331) which had become devoid of purpose. Meril, which had paid only EUR 1,500 under Rule 220.2 RoP, must pay the balance of EUR 9,500 within 14 days. The order fills a gap in the table of court fees for appeals against costs decisions.

Question

Which appeal fee is payable where an appeal under Rule 220.1(a) RoP is directed only at the costs decision made on closure of provisional measures proceedings?

Decision

In line with the Court of Appeal’s order of 18 January 2024, the costs decision is a final decision within Rule 220.1(a) RoP, by application of Rule 360 RoP (paragraph 2). As the fee table provides no specific fee for this situation and is based on the type of claim decided at first instance, the applicable fee is that for appeals against orders on provisional measures (Rule 220.1(c) RoP and Article 62 UPCA), namely EUR 11,000, since the proceedings were closed as provisional measures proceedings (paragraph 3). That the appeal concerns only costs makes no difference, all the more so as the appellants ask the Court to assess whether the application for provisional measures was well founded (paragraph 4). The balance is EUR 9,500 (paragraph 5).

Key points for practice

• An appeal against a costs decision closing provisional measures proceedings attracts the fee for appeals on provisional measures, not the fixed fee under Rule 220.2 RoP (paragraphs 3 and 4).

Provisions applied

Agreement on a Unified Patent Court

Art. 62

Rules of Procedure

Rules 220.1, 220.2 and 360

Case law cited

Court of Appeal, 18 January 2024, UPC_CoA_4/2024

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.