UPC CFI, LD Munich, 7 January 2025: Withdrawal of proceedings, parties bearing own costs

Withdrawal of proceedings prior to final decision, each party bearing its own costs (R. 265 RoP). 

According to Rule 265.2 (c) RP, the Court shall also make a decision as to costs in accordance with Part 1 Chapter 5 when admitting the discontinuance of proceedings. No application by the parties is required for this decision; it is to be issued even without one. However, if the parties state that they do not request a decision on the parties' costs, this can be taken into account in the cost decision to be made. This statement is regularly understood to mean that no reimbursement of costs should take place between the parties and that each party should bear their own costs.

IPPT20250107, UPC CFI, LD Munich, Avago v Tesla