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Application Order

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Main Details:

Registry number
App_58035/2024
Date
Parties
Insulet Corporation
Order/Decision reference
ORD_60558/2024
Type of action
Generic application
Language of Proceedings
English
Court - Division
Court of First Instance - Milan (IT) Local Division

English Headnotes:

In proceedings for costs decision under rules 150 RoP et seq. an already existing decision on costs in principle is required. Indeed, an application for a cost decision shall contain, inter alias, under rule 156 RoP (e) the preliminary estimate of the legal costs that the party sub-mitted pursuant to Rule 118. 5. RoP. 2. In proceedings for costs decision, it is not for the Judge rapporteur to decide what percentage of the costs should be shared between the parties or whether they should be set off, only dealing with the fixation of the amount of compensation for costs by not with the principle decision on the costs. 3. The cost decision is binding on the cost award decision: the judge rapporteur may not ap-portion the costs in accordance with the quotas provided for in the cost decision, in case the latter is lacking.

English Keywords:

RoP 150, RoP 151, RoP156, RoP 313, RoP 314, Art. 69 UPCA