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ARTICLE · 19 MAY 2026

LD Brussels, May 7, 2026, Cost Decision, UPC_CFI_2265/2025

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Waiver of rights requires an explicit statement – prior admissions in first instance proceedings do not constitute a waiver (R. 150 RoP)

GermanyIntellectual Property

Key takeaways

Waiver of rights requires an explicit statement – prior admissions in first instance proceedings do not constitute a waiver (R. 150 RoP)

An acknowledgment by a party that the opposing party was the “successful party” in first instance proceedings does not constitute a waiver of the right to claim compensation as a “partially successful party” in subsequent R. 150 RoP cost proceedings. Waiver of any right requires a clear, explicit declaration from the right-holder.

Partial success and a cost set-off cannot both reduce the applicable ceiling — the “double-up” approach is impermissible

Where one party claims concrete costs to be set off and the other party’s partial success would normally reduce the applicable ceiling, both adjustments cannot be applied simultaneously. The Court maintained the full applicable ceiling and deducted the Defendant’s justified costs directly from it, avoiding any double penalty against the Applicants (R. 152(2) RoP,

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