Casalonga UPC rules of procedure
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Rule 150Separate proceedings for cost decision

1. A cost decision may be the subject of separate proceedings following a decision on the merits and, if applicable, a decision for the determination of damages. The cost decision shall cover costs incurred in the proceedings by the Court such as costs for simultaneous interpretation and costs incurred pursuant to Rules 173, [1] 180.1, [2] 185.7, [3] 188 [4] and 201 [5] and, subject to the Rules 152 to 156, [[-
1. The applicant shall be entitled to recover reasonable and proportionate costs for representation.
2. The Administrative Committee shall adopt a scale of ceilings for recoverable costs by reference to the value of the proceedings. The scale may be adjusted from time to time.
3. Where a claim, counterclaim, application, request or appeal subject to only a fixed fee is made, the party concerned shall, in the first submission, assess its respective value for the purpose of calculating the applicable ceiling. The other party shall be heard. Rule 370.6 shall apply mutatis mutandis.

 
The compensation for costs of experts of the parties [Rule 181] exceeding the expenses referred to in Rule 180.1 shall be based on the rates that are customary in the respective sector, with due regard to the required expertise, the complexity of the issue and the time spent by the expert for the services rendered.

Rule 173 - Judicial Cooperation in the taking of evidence
Where the Court has ordered the deposit of a sum sufficient to cover the expenses of a witness in accordance with Rule 180.2 or of a
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[1-
For the judicial cooperation in the taking of evidence, the Court shall apply any method provided by:
1. The Regulation (EU) No 2020/1783, where it applies;
2. The Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters, where it applies, or any other applicable convention or agreement; or
3. to the extent that there is no such convention or agreement in force, national law on the procedures to be followed for the judicial cooperation in the taking of evidence.

[2-
1. A witness shall be entitled to reimbursement of:
(a) expenses for travelling and stay; and
loss of income caused by his hearing in person.
After the witness has carried out his duties and upon his request, the Registry shall make a payment to the witness towards the expenses incurred.

[3-
7. The Court shall agree with the expert on a fee covering his written expert report and his participation in the oral hearing. The Court may reduce this fee by an equitable amount if the expert does not deliver his report within the time period specified by the Court or if the report did not have the quality to be expected of the expert.

[4-
Rules 178 to 180 shall apply - to a court expert.
 

[5-
1. Without prejudice to the possibility for parties or parties’ experts to carry out experiments, the Court may, on a reasoned request by a party, order an experiment to prove a statement of fact for the purpose of proceedings before the Court.
2. A party requesting to be allowed to prove a statement of fact by means of experiments shall lodge a request as soon as practicable in the written procedure or the interim procedure to carry out experiments which shall:
(a) identify the facts intended to be established by the experiments, describe the proposed experiments in detail and the reasons for carrying out the proposed experiments;
(b) propose an expert to carry out such experiments; and
(c) disclose any previous attempts to carry out similar experiments.
3. Other parties to the proceedings shall be invited to state whether they dispute the facts intended to be established by the experiments. They shall also be invited to comment on the request, including the identity of the expert proposed and the description of the experiments.
4. Unless otherwise ordered by the Court the party requesting experiments shall initially bear the costs of the experiment.
5. The order of the Court allowing the experiments shall specify the detailed experiments and:
(a) the name and address of the expert who is to carry out the experiments as Court’s expert and draw up the report on the experiments;
(b) the time period for carrying out the experiments and, where appropriate, the exact time and place where they are to be carried out;
(c) if necessary, other conditions for carrying out the experiments; and
(d) the time period for presenting the report on the experiments and, where appropriate, directions relating to the contents of the report.
6. Where appropriate, the Court may order that the experiments be carried out in the presence of the parties and their experts.
7. Once the report on the experiments is presented to the Court, it shall invite the parties to comment on it either in writing or during the oral hearing. The expert may be summoned to the oral hearing.