H. Lundbeck a/s v. Alfred E. Tiefenbacher GmbH, Centrafarm Services B.V. and Ratiopharm GmbH, costs of procedure, Court of Appeal, The Hague, The Netherlands, 22 December 2009, Docket No. 200.039.432/01
Withdrawn application for the provisional examination of witnesses / expert opinion. Other parties object to such withdrawal if no full costs of the proceedings as based on the Enforcement Directive are paid. The Court of Appeal states that the Enforcement Directive does not distinguish between summons proceedings and application proceedings. Lundbeck's application relates to facts and grounds of a judgment by the District Court of The Hague regarding a patent (which judgment has been appealed) and is (thus) related to the enforcement of an intellectual property right. No room for the application of Article 289 Dutch Code of Civil Procedure. Lundbeck's application was declared inadmissible. Full costs are awarded (to the amount as agreed between parties).
Read the decision (in Dutch) here.
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