LD Munich, August 6, 2026, Cost Decision, UPC_CFI_1569/2025

1 Key takeaways

A request to raise or lower the ceiling for recoverable costs must be clear and explicit.

A request to adjust the cost ceiling (Article 2(4) of the Decision of the Administrative Committee of 24 April 2023 on the scale of recoverable costs ceilings) is only deemed to have been made if it is clear and explicit from the request that a raising or a reduction of the ceiling is sought. This is based on the principles of Article 76 UPCA. The Court held that requiring an explicit request is a significant procedural principle, not a mere formality.

A request for an interim award of costs up to a specified amount does not constitute a request to raise or lower the ceiling for recoverable costs.