IP Quick Tip: Cost reimbursement involving interveners at the UPC

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Under German law, interveners have a rather comfortable situation with regard to cost reimbursement. If they support the successful party, they have a claim for cost reimbursement of their own against the unsuccessful party. If they support the unsuccessful party, they are not liable for the costs of the successful party.

This appears to be different at the UPC, since there are no specific regulations for cost reimbursement involving interveners. Thus, interveners arguably cannot claim cost reimbursement if their intervention is successful. At the same time, they are not liable for cost reimbursement in case of unsuccessful intervention either. On the other hand, Rule 315.4 of the Rules of Procedure states that an intervener shall be treated as a party.

It is not yet clear whether this applies to recoverable costs as well. Should this be the case, the intervener may be entitled to cost reimbursement, but may also be liable for the costs of the successful party in case the intervention is unsuccessful.

Due to this uncertainty and the potentially extensive liability, an intervener might want to consider entering into an agreement with the party they support with clear provisions on liability for and entitlement to cost reimbursement claims.