LD Munich, October 11, 2024, Cost Decision, UPC_CFI_292/2023

1. Key takeaways

No retroactive extension of time period for requesting costs under R. 151 RoP

The Court held that Rule 320 RoP, concerning the restitution of rights, is the lex specialis (more specific rule) and takes precedence over the general provision of Rule 9.3(a) RoP when a party misses a deadline and seeks to restore its right to request costs.

Strict Adherence to Deadlines

The decision emphasizes the importance of adhering to procedural deadlines before the UPC, particularly regarding cost requests. Failure to meet the deadline can result in the loss of the right to request costs.

Procedural Requirements of Rule 320 RoP

A request for restitution under Rule 320 RoP must be filed with the correct court (in this case, the Court of First Instance) and accompanied by the required fee within the stipulated time limit. Failure to comply with these requirements will render the request inadmissible. The Respondents' request for restitution