UPC Court of Appeal: Interim award of costs as provisional measure under R150 RoP

In proceedings for provisional measures, there will often be reasons to allow the successful party an interim award of costs. This allows the successful party to recover, on an interim basis, at least part of the costs incurred from the unsuccessful party, pending the subsequent start and final conclusion of separate proceedings for cost decision as set out in R. 150 et seq RoP. An interim award of costs up to the applicable ceiling for cost compensation effectively makes the procedure for cost decision pursuant to R. 150 et seq RoP largely redundant. While the Scale of ceilings for recoverable costs only applies to representation costs (see R. 152.2 RoP and Article 1(2) of the Scale of ceilings), and there can be additional costs in the form of recovery of court fees, costs of witnesses, costs of experts, and other expenses (see R. 151(d) RoP), representation normally forms the bulk of the costs. Even though the Court of First Instance has broad discretion in this matter, the Court of Appeal considers that an interim costs award of up to equal to half of the ceiling is generally more appropriate. A different consideration may apply if parties have submitted and discussed cost specifications during the proceedings or agreed on the costs to be reimbursed (UPC 28 November 2025,CoA 317/2025;CoA 376/2025).