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Overview · Filed: May 8, 2024

UPC_CFI_216/2024

DEVICE AND METHOD FOR HARVESTING TEXTILE HEMP

InfringementMain Infringement ActionBrussels LDInfringementCase ClosedSettled at: Pre-merits
OverviewDecisionsReasoningCitationsDocumentsTimeline
Coverage: Thin.Reasoning extracted with limited coverage — see decisions tab for full text.
Plain-English summary

Cretes NV (Belgium) brought an infringement action against Hyler BV (Belgium) concerning EP 3 993 602 and EP 4 284 152, patents for a device and method for harvesting textile hemp; Hyler filed a counterclaim for revocation. The Brussels Local Division confirmed the parties' settlement agreement under R. 365(1) RoP and addressed the reimbursement of court fees, applying a pragmatic set-off between fees already paid and outstanding fees owed, with the court invoking both R. 370(9)(c) and R. 370(9)(e) RoP to reach a fair outcome.

Accepted arguments
What the court agreed with — by party.

  • Parties are entitled to reimbursement of court fees after settlement under R. 370(9)(c) RoP, accounting for outstanding unpaid fees

    ClaimantLegal basis: R. 370(9)(c) RoP; R. 365(1) RoP

    Note: Court confirmed settlement and ordered partial reimbursement of court fees already paid, applying a pragmatic approach to set-off outstanding fees against reimbursement.

  • Court has discretion under R. 370(9)(e) RoP to adjust reimbursement in exceptional cases based on stage of proceedings and procedural conduct

    ClaimantLegal basis: R. 370(9)(e) RoP

    Note: Court held that the pragmatic R. 105(5) RoP approach to fees during mediation constituted an exceptional circumstance justifying adjustment of the reimbursement.

Rejected arguments
What the court did not agree with — and why.

No rejected arguments captured.

Key legal principles
Doctrines and rules cited in the reasoning.
Settlement under R. 365(1) RoP entitles liable parties to reimbursement of court fees under R. 370(9)(c) RoPOutstanding unpaid court fees are set off against reimbursement of already-paid feesCourt has discretion under R. 370(9)(e) RoP to deny or reduce reimbursement in exceptional casesRoP does not prevent court from adopting a pragmatic approach to fees during mediation/settlement negotiationsCourt may optimise the negotiation framework by not requiring advance payment of fees subsequently to be reimbursed at 40%

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