UPC APP 33127/2024

Munich Local Division decision following the applicant Tiroler Rohre GmbH's withdrawal of an application for provisional measures (R. 265 RoP) after the oral hearing and after the court had indicated concerns about granting the measures. The court dismissed the respondents' (SSAB) opposition to the withdrawal, holding that a legitimate interest in obtaining a substantive decision does not arise merely because the respondents incurred costs defending against the application, even where the applicant has announced forthcoming main proceedings on the same subject matter. The court also declined to order a preliminary costs decision in favour of respondents following withdrawal.