Franz Kaldewei v Bette (CFI, 13 May 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 13 May 2025, the judge rapporteur of the Düsseldorf Local Division set at EUR 84,950 the costs that Bette must reimburse to Franz Kaldewei following the decision on the merits of 3 July 2024 on EP 3 375 337 B1 (UPC_CFI_7/2023), which had largely upheld the infringement action. Payment is due by 13 June 2025. The order clarifies the burden on a party challenging the proportionality of costs.

Question

Were the representation costs claimed up to the ceilings reasonable and proportionate, given the defendant’s reliance on a short infringement period, low sales and a rejected settlement offer?

Decision

Under Art. 69(1) UPCA, costs are recoverable only if reasonable and proportionate, two cumulative conditions assessed ex ante (paragraphs 12 to 16): necessity for a reasonable party, then the amount in relation to the value, difficulty and importance of the case. The value of EUR 500,000 was not excessive given acts in seven countries, and a challenge raised for the first time at the costs stage was rejected (paragraph 18). The disproportionality objection was not substantiated: it had to address the amount, not merely necessity, and the cessation of sales or the refusal of a settlement were irrelevant (the two paragraphs numbered 21).

Key points for practice

• A party challenging the proportionality of costs must explain why their amount is out of line with the value, difficulty or importance of the case.
• Practical point: the value in dispute should be argued before the decision on the merits, challenged for the first time at the costs stage, it will not be reopened.

Provisions applied

Agreement on a Unified Patent Court

Art. 69(1)

Rules of Procedure

Rules 150, 151, 152, 156.3 and 157

Directive 2004/48/EC

Arts 3 and 14

Case law cited

MSG Maschinenbau v EJP Maschinen, Munich Local Division, 19 March 2025, Seoul Viosys v expert, Düsseldorf Local Division, UPC_CFI_363/2023, Ortovox v Mammut, Düsseldorf Local Division, 22 April 2025, CJEU, 28 April 2022, C-531/20, NovaText, CJEU, 28 April 2022, C-559/20, Koch Media, CJEU, 28 July 2016, C-57/15, United Video Properties

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.