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In that regard, the applicant submits that Clause I.10.1 of the contract declares Spanish law to be applicable on a supplementary basis. Royal Decree-Law 3/2022 of 1 March is of supplementary application. It is appropriate to uphold the right to a review of the prices set out in the contract, pursuant to the provisions of Royal Decree-Law 3/2022.

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In that regard, it is argued that unforeseeable risk, which produces excessive hardship for one party, should lead to a renegotiation of the contract. The situation of the Sars Cov 2 pandemic, and the war between the Ukrainian and Russian nations are clearly an unforeseeable risk. Such situations have produced an extraordinary increase in the prices of materials, which Aitana ACS, SL should not bear exclusively.

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In that regard, the applicant submits that the clause restricting price review does not include force majeure or unforeseeable risk. The extension of contractual liability to cases of unforeseeable circumstances requires express acceptance, which has not been given. The principles of transparency and free competition are not infringed by a price update, within the terms of Article 172 of Regulation 2018/1046. (2)

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In that regard, the applicant points out that the European Patent and Trade Mark Office recognised the appropriateness of the review of the prices set out in the contract. By virtue of that recognition, performance of the contractual obligations was maintained. The principle of legitimate expectations requires EUIPO to recognise the right to a price review.