Hanshow Technology v VusionGroup (CoA, 29 July 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 29 July 2024 (UPC_CoA_1/2024, APL_8/2024), the judge-rapporteur of the Court of Appeal referred to the judge-rapporteur of the Munich Local Division the application for the determination of costs filed by the Hanshow companies following the Court of Appeal’s order of 13 May 2024, which had dismissed VusionGroup’s (formerly SES-imagotag) appeal in provisional measures proceedings. The date of filing with the Court of Appeal, 18 June 2024, may be treated as the date of filing at first instance.

Question

Must an application for the determination of costs following a Court of Appeal decision, concerning appeal costs, be lodged with the Court of Appeal or at first instance?

Decision

Cost determination is a separate procedure (Rules 150 et seq. RoP) with its own route of appeal (Rules 157 and 221 RoP): it therefore starts at first instance (paragraph 9). The Rules provide no special procedure after an appeal decision, and filing with the Court of Appeal would deprive the parties of an appeal against the costs decision (paragraph 10). Appeal costs cannot be added to the application already pending at first instance: a new application must be filed within one month of service (Rule 151 RoP), and the judge-rapporteur may coordinate the two procedures (paragraph 11). As the point was unclear under the UPCA and the Rules, the application is referred to first instance with the filing date of 18 June 2024 (paragraph 12).

Key points for practice

• Practical point: an application for the determination of costs, appeal costs included, is to be lodged with the first-instance judge-rapporteur within one month of service of the appeal decision.

Provisions applied

Rules of Procedure

Rules 9.3(a), 150, 151, 157 and 221

Related decisions

• SES-imagotag v Hanshow, 20 December 2023, Munich Local Division order dismissing the application for provisional measures.
• SES-imagotag v Hanshow, 13 May 2024, Court of Appeal order dismissing the appeal.

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.