SSAB Europe v Tiroler Rohre (CFI, ORD_68941/2024, 10 February 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By a decision of 10 February 2025 (UPC_CFI_640/2024, ACT_59020/2024), the judge-rapporteur of the Munich Local Division (Judge Pichlmaier) set at EUR 84,033.76 the first-instance costs that Tiroler Rohre must reimburse to SSAB Swedish Steel and SSAB Europe Oy by 15 March 2025, following the withdrawal of its application for provisional measures after the oral hearing. SSAB had claimed EUR 91,568.76. The decision sets out a method for reviewing cost statements that is useful to both sides.

Question

Which representation costs are recoverable under Art. 69(1) UPCA and Rule 152.1, and what is required of the party challenging them?

Decision

The amount claimed was below the EUR 200,000 ceiling applicable to a value in dispute set at EUR 1,200,000. Requiring written evidence is at the rapporteur’s discretion (Rule 156.1): there is no general duty to itemise and prove fees (section 4). Instructing one attorney-at-law and two patent attorneys was accepted. Several time entries were reduced and duplicates struck out. Blanket objections, with an alternative request to cut the costs to one third, could not be reviewed (section 6). No provision allowed the EUR 1,500 incurred by Tiroler Rohre in responding to the application to be shifted to the applicants (section 7).

Key points for practice

• A party opposing a cost statement itemised by task and time must challenge each entry with reasons. A general objection fails.
• Practical point: a statement broken down by activity and hours may suffice without supporting documents, provided it is plausible.

Provisions applied

Agreement on a Unified Patent Court

Art. 48(3), Art. 69(1) and Art. 82

Rules of Procedure

Rules 118.8, 151(d), 152.1, 156.1, 158.2, 221, 354 and 355.4

Statute of the Court

Art. 37(2)

Related decisions

• Tiroler Rohre v SSAB Swedish Steel, 3 July 2025, Court of Appeal order dismissing the appeal against this decision.

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.