UPC CFI 167/2024

Vor dem UPC: Bentley Motors Limited (4 Verfahren)·Network System Technologies LLC (77 Verfahren)

• 2025-01-15
  revocation

  Zusammenfassung: The Paris central division allowed Bentley Motors' withdrawal of its revocation action against Network System Technologies concerning EP 1 875 683 under Rule 265 RoP and declared the proceedings closed, all orders previously made ceasing to have effect. The Court held that Rule 265(1) does not require the opposing party's express consent, it being sufficient that the party was given an opportunity to comment and raised no objection within the time limit, and that consent given after that non-preclusive time limit could still be taken into account. No costs decision was issued, none having been applied for.

  Rechtsfragen anzeigen (4)

  • Rule 265(1) RoP does not require the opposing party's express consent to a withdrawal
  • an opportunity to comment plus absence of objection within the time limit is sufficient
  • a time limit set by the judge-rapporteur is not preclusive, so out-of-time consent may still be taken into account
  • no costs decision under Rule 265(2)(c) RoP where no costs application was filed