Meril Life Sciences v Edwards Lifesciences (CoA, 18 January 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 18 January 2024 (UPC_CoA_4/2024, App_100/2024), the Court of Appeal rejected Meril’s application for suspensive effect of its appeal against the costs decision of the Munich Local Division of 19 December 2023, given after provisional measures proceedings brought by Edwards Lifesciences (EP 3 763 331) had been settled. The court held the application admissible but confirmed that suspensive effect remains exceptional, including for costs orders.

Question

Point 3 of the first instance order ordered Meril to bear the costs, Edwards’ other costs being allowed up to EUR 200,000, after Meril had given a cease and desist undertaking. Meril sought suspensive effect for its appeal under Art. 74 UPCA.

Decision

The application is admissible: Rule 223.5 RoP does not bar it, since the appeal is not brought under Rules 220.2, 220.3 or 221.3, and a costs decision under Rules 360 to 362 is a final decision within Rule 220.1(a), by virtue of Rule 363.2. On the merits, an appeal has no suspensive effect unless the court orders otherwise, which requires the appellant’s interest in maintaining the status quo to outweigh the respondent’s interest. The cost of a costs assessment procedure does not normally outweigh the successful party’s interest in a swift decision, and the first instance court may in any event stay the assessment pending appeal. As the order under appeal was not manifestly wrong, the application was rejected.

Key points for practice

• Suspensive effect of an appeal against a costs decision will be granted only where the order is manifestly wrong or the appellant’s interest clearly prevails.
• The paying party may instead ask the first instance court to stay the costs assessment until the appeal is decided.

Provisions applied

Agreement on a Unified Patent Court

Art. 74(1)

Rules of Procedure

Rules 151, 220.1(a), 223, 360 to 363, Preamble point 7

Case law cited

None, apart from the order under appeal.

Related decisions

• Meril v Edwards Lifesciences, 19 December 2023, Munich Local Division order under 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.