UPC APP 66712/2024

Hamburg Local Division judge-rapporteur allowed Tesla Germany GmbH and Tesla Manufacturing Brandenburg SE to withdraw their cost assessment application (Rule 156 RoP) in proceedings UPC_CFI_54/2023, where the main action and counterclaim had been withdrawn at appeal level following an out-of-court settlement. The court held that while the Court of Appeal has jurisdiction over the withdrawal of the main proceedings (pending on appeal), the first-instance cost assessment procedure remained before the first-instance judge-rapporteur under Rule 156.2 RoP, who alone could allow its withdrawal under Rule 265 RoP.