OrthoApnea v *** (CFI, 2 May 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

On OrthoApnea and Vivisol’s application for EUR 92,814.62 in costs following their success in the infringement action on EP 2 331 036 against an individual defendant (UPC_CFI_131/2025), the judge rapporteur Granata (Brussels Local Division) stayed the costs proceedings until the Court of Appeal rules on the merits. The rule remains that there is no stay, but fairness and the proper administration of justice justified one here.

Question

Should costs proceedings brought after a decision on the merits be stayed where that decision is under appeal?

Decision

Neither the UPCA, the Rules of Procedure nor Directive 2004/48 require a general stay. Filing an appeal will not, as a rule, justify one (paragraph 11). However, the true successful party is the one that prevails in the last instance (paragraph 12), and Rule 295(c) and (m) as well as equity allow a stay, if need be of the court’s own motion (paragraphs 13 to 17). Here, the appeal decision was expected within about twelve months, the amount did not threaten recoverability, a reversal would give rise to a new, out-of-time costs claim, and needless decisions should be avoided (paragraph 18). The parties must inform the judge rapporteur of the outcome of the appeal (paragraph 19).

Key points for practice

• An appeal on the merits does not automatically stay costs proceedings, but the judge rapporteur may stay them, even of its own motion, for reasons of fairness and proper administration of justice.
• Practical point: the party seeking a stay should show why immediate enforcement would be inequitable, the expected length of the appeal and the risk of conflicting decisions are taken into account.

Provisions applied

Agreement on a Unified Patent Court

Art. 69(1) and Preamble

Rules of Procedure

Rules 150, 151, 156, 221 and 295(c) and (m)

Directive 2004/48/EC

Art. 14

Case law cited

Meril Life Sciences v Edwards Lifesciences, Court of Appeal, 18 January 2024, Court of Appeal, 29 July 2024 (UPC_CoA_1/2024), Court of Appeal, 18 April 2025 (UPC_CoA_166/2025), Brussels Local Division, 17 January 2025 (decision on the merits 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.