UPC Local Division: Cost Assessment Proceedings

If the Court of Appeal has made a decision on costs in the proceedings for the ordering of interim measures in accordance with R 242.1 RoP, an application for the assessment of costs in accordance with R 151 RoP is also admissible following this decision. If a party in the provisional proceedings applies for the costs of the proceedings to be imposed on the opposing party and the Court of Appeal grants this application, this order cannot be reinterpreted in the subsequent cost assessment proceedings as an order for provisional cost reimbursement; rather, the costs must then be finally assessed on the basis of the application for cost assessment (LK München 28. 2. 2025, CFI 483/2024).