Tiroler Rohre v SSAB Swedish Steel (CoA, 3 July 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 3 July 2025, the standing judge of the Court of Appeal rejects Tiroler Rohre’s appeal against the Munich Local Division judge-rapporteur’s order of 10 February 2025, which had ordered it to reimburse EUR 84,033.76 in costs to SSAB Swedish Steel and SSAB Europe (UPC_CoA_153/2025). Tiroler Rohre had withdrawn its application for provisional measures on 3 June 2024 and been ordered to bear the costs by decision of 24 October 2024. The order clarifies the procedure for fixing costs after a withdrawal and the intensity of appellate review.

Question

Must the costs decision accompanying permission to withdraw (Rule 265.2(c)) fix the amount at once, and what review does the Court of Appeal exercise over the assessment?

Decision

The reference in Rule 265.2 to Part 1, Chapter 5 of the Rules means that the court determines which party bears the costs. Separate cost-fixing proceedings may follow under Rules 150 et seq., with their own appeal regime (Rules 157 and 221) (paragraphs 16 to 21). On appeal, review is marginal: it asks whether the winning party is clearly overcompensated or the assessment otherwise departs from the principles of Art. 69(1) UPCA (paragraph 22). The judge-rapporteur’s detailed assessment discloses no such error (paragraph 23). Each party bears its own costs of the cost-fixing proceedings and the appeal court fees are not refunded (paragraph 24).

Key points for practice

• Withdrawal of an action or application does not require the costs to be quantified in the closing decision: quantification follows the general procedure of Rules 150 et seq.
• Practical point: challenging on appeal the amount fixed by the judge-rapporteur requires showing clear overcompensation, mere disagreement with the assessment will not do.

Provisions applied

Agreement on a Unified Patent Court

Art. 69(1)

Rules of Procedure

Rules 150, 156, 157, 220.2, 221 and 265

Case law cited

Hanshow v Vusiongroup, Court of Appeal, 6 June 2025.

Related decisions

• Tiroler Rohre, 24 October 2024, decision permitting the withdrawal and ordering Tiroler Rohre to bear the costs.
• SSAB Europe Oy v Tiroler Rohre, 10 February 2025, cost-fixing 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.