Rematec v Europe Forestry (CoA, 30 March 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 30 March 2026 (UPC_CoA_302/2025 and UPC_CoA_305/2025), the judge-rapporteur of the Court of Appeal dismisses Rematec’s request to refer its cost-fixing application to the Mannheim Local Division with an instruction that the Court of Appeal filing date count as the first-instance filing date. Cost fixing belongs to the first-instance judge-rapporteur, even for appeal costs, and the Court of Appeal has no power of referral in this area.

Question

Does the Court of Appeal have jurisdiction over a cost-fixing application following its own decision, and can it refer the application to the first instance while preserving the filing date?

Decision

Cost fixing is a separate procedure (Rules 150 et seq. RoP) that starts at first instance, before the judge-rapporteur (paragraph 9). The same applies after a Court of Appeal decision: the Rules lay down no separate procedure and, were it to start on appeal, no appeal would lie (Rules 157 and 221 RoP) (paragraph 10). The Court of Appeal therefore lacks jurisdiction (paragraph 11), and it is for the first instance to decide whether the appeal filing date matters (paragraph 12). Referral requires an express provision (Arts 33(2) and (3) and 75 UPCA, Rules 102 and 238A RoP), and there is none here (paragraph 14). The different approach taken in Hanshow no longer applies, the question of jurisdiction now being settled (paragraph 15).

Key points for practice

• Practical point: a cost-fixing application, including for appeal costs, must be filed directly with the first-instance division.

Provisions applied

Agreement on a Unified Patent Court

Arts 33(2) and (3) and 75

Rules of Procedure

Rules 102, 150, 151, 157, 221 and 238A

Case law cited

Hanshow v VusionGroup, Court of Appeal, 29 July 2024

Related decisions

• Rematec v Europe Forestry, 17 February 2026, appeal decision on infringement, validity and the allocation of costs.

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.