UPC APP 40022/2024

—·EP3221117: MULTIPLE EXTRUSION HEAD

Case details: Status
—
Action
Procedural application
Category
Other Procedural
Parties: Claimants
KraussMaffei Extrusion GmbH
Reps: Daniel Seitz
Respondents
TROESTER GmbH & Co. KG
Reps: Alexander Wiese
Division: Munich LD
Judges: Matthias Zigann · Presiding judge, judge-rapporteur
Mojca Mlakar · Legally qualified judge
Tobias Pichlmaier · Legally qualified judge
Beate Schenk · Technically qualified judge
Language: —
First decided: Jul 11, 2024

Decisions

2024-07-11
WithdrawnCostsGeneric application
Munich Local Division accepted withdrawal of KraussMaffei Extrusion GmbH's infringement action against TROESTER GmbH & Co. KG (EP 3 221 117). The parties reached an out-of-court settlement notified on 9 July 2024. The hearing date of 3 September 2024 was vacated, withdrawal permitted, and proceedings declared closed. Claimant was entitled to a 20% refund of court fees under R. 370.9(b)(iii) RoP as the written procedure had not yet been completed at the time of withdrawal (the oral hearing had taken place but further submissions had been ordered).
Legal issues:Withdrawal of infringement action after settlement (R. 265 RoP)Partial refund of court fees (R. 370.9(b)(iii) RoP)Whether written procedure was closed at time of withdrawal

Documents