Insulet v A. Menarini Diagnostics (CFI, 23 December 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 23 December 2024 (UPC_CFI_380/2024, ORD_59988/2024), the judge-rapporteur of the Milan Central Division (Judge Postiglione) ordered A. Menarini Diagnostics to pay Insulet EUR 1,764 for the costs of opposing its application to intervene, refused on 1 October 2024, in the provisional measures proceedings brought by Insulet against EOFLOW on the basis of EP 4 201 327. The order accepts that a costs decision may be made against a refused intervener without awaiting a decision on the merits.

Question

Can an applicant whose application to intervene was refused be ordered, under Rule 151, to bear the costs of the party that opposed it?

Decision

Yes. The intervention sub-proceeding is judicial in nature, so the applicant for intervention is a party within Rule 151 and Art. 69 UPCA applies. That Article does not confine costs to decisions on the merits and prevails over the Rules of Procedure. The decision on intervention also has a substantive element. It covers all reasonable and proportionate costs, not only those of a necessary defence. An invoice is not required where the amounts and work are clear. The extract filed, with a declaration of compliance, was found plausible and proportionate.

Key points for practice

• The Milan Local Division reached the opposite result on 30 December 2024 in the parallel case, as the order refusing intervention contained no decision on the principle of costs.
• Practical point: a party opposing an intervention may quantify its costs with an extract of the work done and a declaration of compliance, without an invoice.

Provisions applied

Agreement on a Unified Patent Court

Art. 41(3), Art. 42, Art. 52(1) and Art. 69

Rules of Procedure

Rules 150, 151, 152, 156.3, 157, 221, 313, 314, 315.4, 316.3 and 317

Case law cited

Paris Local Division, Seoul Viosys v Photon Wave, 6 May 2024 (UPC_CFI_440/2023)

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.