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UPC CFI 614/2024

Oct 24, 2024·EP2762219 · Cup-shaped housing and device for the separation of liquid from air

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Case details
Status
Case Closed (Settled)
Action
Provisional measures
Category
Provisional measures
Parties
Claimants
Representatives
Respondents
Representatives
Division
Munich LD
Judges
Technology
  • Chemistry
    Environmental technology
Language
German
How this compares
The court's record for this kind of case, counted in first-instance rulings. A figure in brackets is the number of rulings a rate rests on.
Preliminary injunction grantedMedian days to first decision
All UPC54% (38/70)124
Munich LDLockedLocked
Judge Ulrike VoßLockedLocked
Judge Daniel VossLockedLocked
Judge Mojca MlakarLockedLocked

At the UPC: MANN+HUMMEL GmbH (1 case)·SOTRAS - S.R.L. (1 case)

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More cases: Munich LD·2024

Decisions
  • 2025-04-01
    Application RoP 265Public

    Summary: The Munich Local Division confirmed withdrawal of Mann+Hummel GmbH's application for provisional measures against Sotras S.R.L. concerning EP 2 762 219 following an out-of-court settlement. The court declared the proceedings closed, agreed that no costs application would be made, and ordered 60% reimbursement of court fees to Mann+Hummel.

    Show the legal issues (3)
    • Withdrawal of provisional measures application (R. 265 RoP)
    • Settlement confirmation
    • 60% reimbursement of court fees (R. 370.9 RoP)
Documents
Show all 105 documents
Document titleDatePublic
Case closed2025-10-30Not public
Written procedure closed2025-09-25Not public
Headnote-and-Keywords2025-04-02Not public
Outcome of the Order2025-04-02Not public
Entscheidung Rücknahme + Gebührenerstattung2025-04-02Public
20250331_Zustimmung_Antragsrücknahme2025-03-31Not public
Antragsrücknahme + Gebühren StNF2025-03-31Not public
Receipt2025-03-31Not public
Eingabe_sign2025-03-28Not public
Outcome of the Order2025-03-07Not public
Coverage: Partial.Reasoning extracted with partial coverage — some sections may be incomplete.
Plain-English summary

MANN+HUMMEL GmbH filed an application for provisional measures against SOTRAS S.R.L. concerning EP 2 762 219 (cup-shaped housing for liquid-air separation) at the Munich Local Division; the parties subsequently reached an out-of-court settlement in which MANN+HUMMEL agreed to withdraw and SOTRAS agreed to the withdrawal and not to seek costs. The court permitted the withdrawal, declared proceedings closed, ordered no inter partes cost reimbursement, and granted MANN+HUMMEL 60% reimbursement (EUR 6,600) of court fees under R. 370.9(b)(i) applied by analogy.

Accepted arguments
What the court agreed with — by party.

  • Out-of-court settlement and mutual agreement to withdraw entitle claimant to withdraw provisional measures application

    ClaimantLegal basis: R. 265.1 VerfO

    Note: Both parties entered a settlement; respondent consented to withdrawal and waived cost orders, satisfying all conditions for permitted withdrawal.

  • 60% court fee reimbursement applies where application is withdrawn before closure of written procedure

    ClaimantLegal basis: R. 370.9(b)(i) VerfO

    Note: The court applied R. 370.9(b)(i) by analogy to provisional measures withdrawal, consistent with earlier Munich LD decisions, awarding EUR 6,600.

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.
Withdrawal of provisional measures application permitted where respondent has no legitimate interest in a decisionR. 265.1 applies to provisional measures applications by analogyR. 370.9(b)(i) reimbursement rule applies by analogy to withdrawal of provisional measures before closure of written procedureParties may agree to bear own costs in settlement; court gives effect to this agreement in cost decision

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