UPC CFI 1057/2025

At the UPC: Lindal Dispenser GmbH (3 cases)·Rocep-Lusol Holdings Limited (3 cases)

• 2026-01-14

  Summary: The Paris central division permitted Lindal Dispenser's withdrawal of its action for a declaration of non-infringement of EP 3 655 346 against Rocep-Lusol Holdings under Rule 265(1) RoP, the parties having reached a confidential settlement, and declared the proceedings closed. No decision was made on legal costs, both parties having asked the Court not to rule on them. Court fees were ordered reimbursed at 60% under Rule 370(9)(b)(i); the claimant's request for 80% under Rule 370(9)(e) was refused, that provision permitting the Court only to deny or decrease a reimbursement, not to increase it.

  Show the legal issues (4)

  • Rule 265(1) RoP application to withdraw an action
  • legitimate interest of the other party in the action being decided
  • Rule 370(9)(b)(i) RoP reimbursement of court fees on withdrawal before closure of the written procedure
  • whether Rule 370(9)(e) RoP can increase a court-fee reimbursement rate (held: no, it permits only denial or reduction)