UPC CFI, LD Munich, 16 July 2025, less reimbursement of court fees due to outstanding intensively conducted proceedings
25-10-2025 Print this page
Withdrawal of infringement action and counterclaim for revocation pursuant to settlement (R. 265.1 RoP).
Only 40% instead of 60% reimbursement of Court fees (€ 30.400 and € 8.000, respectively) due to the parties having conducted the proceedings outstanding intensively. (R. 370.9(e) RoP).
Application for compensation for injury caused by provisional measures requires payment of court fees (R. 213.2 RoP).
The legal basis for this fees are Rules 370.2(e), 132 RoP ("Fee for the Application for the determination of damages") RoP. The expression "damages" used in Rule 132 RoP (Chapter 4: Procedure for the determination of damages and compensation) shall be deemed to include compensation according to Rule 213.2 ROP. This is explicitly stated in Rule 125 RoP (sentences 2 and 3).
Defendants are reminded that the UPC is not based on the principle of free proceedings, but on the idea that the party who initiates proceedings and thus an activity of the Court by filing a statement of claim or an application must pay fees (Article 36(3) UPCA, Article 70 UPCA).
60% of the court fees (€ 151.800) will be reimbursed as action is withdrawn before closure of the written procedure (R. 370.9(b)(i) RoP)
