Oerlikon Textile v Bhagat Textile Engineers (CFI, 9 May 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 9 May 2025 (ORD_22179/2025), the judge rapporteur of the Milan Local Division set at EUR 77,064.65 the costs that Bhagat Textile Engineers must reimburse to Oerlikon Textile, following the decision on the merits of 4 November 2024, which had found infringement of EP 2 145 848 and ordered Bhagat to bear 80% of the costs. Oerlikon had claimed EUR 109,404.88. The order reduces representation costs found disproportionate for a relatively simple case.

Question

Were the representation costs claimed, about EUR 120,425, proportionate to the value, importance and complexity of the case?

Decision

The application was admissible, an enforceable decision on the merits having been given and the one-month time limit met (paragraph 6). Court fees, translation, service and expert costs, totalling EUR 16,330.82, were recoverable (paragraph 9). The ceiling on representation costs can be reached only in limited situations, as costs must not be disproportionate to the value, importance or complexity of the dispute (paragraph 10). As the case was relatively simple, representation costs were reduced to EUR 80,000, below the EUR 112,000 ceiling (paragraph 11). The apportionment set by the decision on the merits (20% set off) cannot be changed at this stage and was applied to the total (paragraph 12).

Key points for practice

• Rather than a flat rate, the ceiling on recoverable costs is reached only in cases whose value, importance or complexity warrant it.
• Practical point: the costs apportionment set in the decision on the merits cannot be reopened in the cost assessment proceedings.

Provisions applied

Agreement on a Unified Patent Court

Arts 69 and 70

Rules of Procedure

Preamble, point 2, and Rules 150 to 157 and 370.4

Case law cited

Paris Central Division, UPC_CFI_189/2024, Düsseldorf Local Division, 22 April 2025, UPC_CFI_115/2025 and UPC_CFI_116/2025, CJEU, 28 July 2016, C-57/15, United Video Properties, CJEU, 28 April 2022, C-531/20, NovaText

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.