WEPA Nederland B.V. v. Essity Hygiene and Health Aktiebolag

This case involves an appeal by WEPA Nederland B.V. concerning overpaid court fees related to a proceeding with Essity Hygiene and Health Aktiebolag over the preservation of evidence for the patent EP 3 289 139. The Local Division of The Hague originally allowed the preservation of evidence, leading WEPA to appeal. WEPA argued that they paid incorrect appeal fees, believing the fee should only be 5,000 EUR rather than the 14,600 EUR they paid. The Court of Appeal decided in favor of WEPA, determining that the correct fee was indeed 5,000 EUR since the value of the action was up to 500,000 EUR without additional value-based fees. Consequently, the court ordered a reimbursement of 9,600 EUR to WEPA.

UPC Publication Date:07/27/2026
Summarized:07/28/2026
Type:Appeal
Court:Luxembourg (LU)
Parties:WEPA NEDERLAND B.V. v. ESSITY HYGIENE AND HEALTH AKTIEBOLAG
Winning Party:WEPA Nederland B.V.
Counterclaim:No
Patent Number:EP 3 289 139
Patent Title:N/A
Grounds for decision:Incorrect calculation of appeal fees based on fixed and value-based fee structure
RemediesReimbursement of overpaid court fees