Meril Italy v SWAT Medical (CFI, 8 January 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 8 January 2025 (UPC_CFI_189/2024), the judge-rapporteur of the Paris Central Division (Judge Catallozzi) dismissed the application by Meril Italy, Meril GmbH and Meril Life Sciences for an order that SWAT Medical pay EUR 15,000 in costs for the access to pleadings and evidence proceedings it had brought and lost, in the revocation action concerning EP 4 151 181. The order rules out any costs decision in register access proceedings.

Question

Can a costs decision be made at the end of proceedings on an application for access to written pleadings and evidence?

Decision

The pleading filed on 3 December 2024 without leave was disregarded (paragraph 7). The admissibility objection failed: the application expressly relied on Rule 150, a wrong legal basis does not prevent its examination and the use of the wrong CMS workflow caused no prejudice (paragraphs 9 to 12). On the merits, costs follow a decision on the merits, meaning one that ends litigation with res judicata effect between opposing parties (paragraphs 13 and 14). Register access proceedings, even when they become adversarial, serve transparency and the public interest. The Court’s role there is primarily administrative and has no res judicata effect (paragraph 15). Absent a decision on the merits, the prerequisite for a costs decision was missing (paragraph 16).

Key points for practice

• Practical point: a party that successfully resists an application for access to the file cannot, as a rule, recover its costs of that side application.

Provisions applied

Agreement on a Unified Patent Court

Art. 69

Rules of Procedure

Rules 4.1, 9, 105.5, 150, 156, 158 and 211.1(d)

Case law cited

Paris Central Division, 27 December 2024 (UPC_CFI_164/2024), Paris Central Division, 2 July 2024 (UPC_CFI_484/2023), Vienna, 12 August 2024 (UPC_CFI_33/2024), Ocado Innovation v Autostore, Court of Appeal, 10 April 2024 (UPC_CoA_404/2023)

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.