Rematec v Europe Forestry (CoA, 3 July 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 3 July 2026, given in joined appeal proceedings UPC_CoA_302/2025 and UPC_CoA_305/2025, the Court of Appeal rejects Rematec’s application under Rule 333 for review of the judge-rapporteur’s order of 30 March 2026. After the decision of 17 February 2026 in its dispute with Europe Forestry (EP 2 548 648), Rematec had lodged its application for the determination of costs with the Court of Appeal, then asked for it to be referred to the Mannheim Local Division with its filing date preserved. The order settles which court determines appeal costs.

Question

Does an application for the determination of costs incurred on appeal fall to the Court of Appeal or to the first-instance division, and can an application lodged by mistake with the Court of Appeal be referred while keeping its filing date?

Decision

The review application is admissible: lodged in time in both appeals, it targets a procedural measure of the rapporteur (paragraphs 16 to 23). It is unfounded. Cost determination is a separate procedure (Rules 150 et seq.) that starts at first instance, otherwise the right to appeal the cost decision would be lost. The local division has jurisdiction, even for the costs of the appeal (paragraphs 24 to 27). No exceptional circumstances justify a referral, since the jurisdiction question is settled by case law (paragraphs 28 to 30). Rule 151 is consistent with Arts. 41 and 69 UPCA and with EU law, and no reference to the CJEU is needed (paragraphs 31 and 32). No costs order is made (paragraph 33).

Key points for practice

• Practical point: the application for the determination of costs, including appeal costs, is to be lodged with the first-instance division, an application lodged with the Court of Appeal will not be referred with its filing date.

Provisions applied

Agreement on a Unified Patent Court

Arts. 41 and 69

Rules of Procedure

Rules 150, 151, 157, 221 and 333

Case law cited

Hanshow v VusionGroup, Court of Appeal, 29 July 2024, Hanshow v VusionGroup, Court of Appeal, 6 June 2025, Expert v Seoul Viosys, Court of Appeal, 20 August 2025

Related decisions

• Rematec v Europe Forestry, 17 February 2026, decision on the merits allocating costs.
• Rematec v Europe Forestry, 30 March 2026, judge-rapporteur’s order refusing referral, under review.

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.