Proceeding Decision

Reasonable and proportionate legal costs and other expenses incurred by the successful party shall, as a general rule, be borne by the unsuccessful party, unless equity requires otherwise, up to the ceiling set by the Administrative Committee (Article 69 UPCA and Rule 152.2 RoP). According to the decision by the Administrative Committee on Scale of ceilings for recoverable costs, the ceiling applies to representation costs and the amount is set in relation to the value of the proceeding. This value of the proceeding is set in relation to the whole proceeding, not in relation to each defendant. Furthermore, the decision by the Administrative Committee clearly states that the ceilings shall apply “regardless of the number of parties”. Therefore, the Court concludes that when an application against several defendants is dismissed, the ceiling serves as a joint ceiling for all defendants’ representation costs.

withdrawal, legal costs for representation, ceiling for recoverable costs, protection of confidential information