UPC Analytics
ENDE
Overview · Filed: Oct 24, 2024

UPC_CFI_614/2024

Cup-shaped housing and device for the separation of liquid from air

Provisional measuresProvisional MeasuresMunich LDProvisional measuresCase ClosedSettled at: Pre-PI
OverviewDecisionsReasoningCitationsDocumentsTimeline
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  • 60% court fee reimbursement applies where application is withdrawn before closure of written procedure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

Browse other cases on this principle.