Bhagat Textile Engineers v. Oerlikon Textile GmbH & Co. KG (UPC, Court of First Instance, Court of Appeal, UPC_CoA_8/2025)
Decision on interim award of damages (moral prejudice) and costs
By decision of 9 December 2025, the Court of Appeal rejected Oerlikon’s request for interim damages based on moral prejudice, partially setting aside the decision by the Milan Local Division, but rejected Bhagat’s appeal on other points including their request to amend the Local Division’s cost decision. As indicated by the decision’s headlines, the Court of Appeal confirmed some important points regarding the award of damages pursuant to Art. 68 UPCA.
The Court of Appeal correctly points out that the occurrence and scope of reputational damages (moral prejudice) pursuant to Art. 68(3) UPCA, as any other type of damages, must be substantiated by the Claimant in detail.
The entire contribution can be read here.
The decision can be read here.
