Edwards Lifesciences v Meril (CFI, 17 October 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By decision of 17 October 2025 (UPC_CFI_404/2025 and UPC_CFI_405/2025, EP 3 669 828), the judge-rapporteur of the Munich Local Division ordered Meril GmbH, Meril Life Sciences and Meril Italy to pay Edwards Lifesciences EUR 771,649.56 in costs within 20 days, in the joined infringement action and counterclaim. Only a small share of the travel expenses remained in dispute. The decision takes a flexible approach to reviewing representation costs, expressly departing from an order of the Brussels Local Division.

Question

Are travel costs relating to several representatives, in-person meetings, taxis and breakfasts reasonable and proportionate costs recoverable under Art. 69(1) UPCA?

Decision

Yes. Cost proceedings are summary in nature and the judge-rapporteur has broad discretion over procedure, whether costs were incurred and whether they are reasonable and proportionate (section II.1, Rule 156.2 RoP). Neither the UPCA nor the Rules limit the number of representatives or firms acting for a party. Each one’s involvement and in-person meetings are reasonable where the representative considers them necessary, as evidence is hard to produce (section II.2.a). As the disputed amount is a small percentage of the ceiling and of representation costs, the court may award it without detailed review. Taxis and ride-hailing are justified, since representatives can work while travelling (section II.2.b). Edwards having withdrawn certain items (meals, laundry, one representative’s travel), the balance is awarded. The decision has no numbered paragraphs.

Key points for practice

• In a complex case, the number of representatives and firms is not in itself a reason to reduce recoverable costs.
• Where the disputed share is marginal compared with the ceiling, the division may decide without a line-by-line review.

Provisions applied

Agreement on a Unified Patent Court

Art. 69(1) and 82

Statute of the Court

Art. 37(2)

Rules of Procedure

Rules 151, 156, 157, 262.2 and 262.3

Case law cited

Court of Appeal, UPC_CoA_618/2024 (paragraph 10), Brussels Local Division, 25 July 2025 (UPC_CFI_131/2025), from which the order departs, Edwards Lifesciences v Meril, 4 April 2025 (Munich Local Division, decision ordering the defendants to bear the costs)

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.