Rule 365 – Confirmation by the Court of a settlement

1. Where the parties have concluded their action by way of settlement, they shall inform the judge-rapporteur. The Court shall confirm the settlement by decision of the Court [Rule 11.2], if requested by the parties, and the decision may be enforced as a final decision of the Court.

2. At the request of the parties the Court may order that details of the settlement are confidential.

3. Subject to paragraph 2 the decision of the Court under paragraph 1 shall be entered on the register.

4. The judge-rapporteur shall give a decision as to costs in accordance with the terms of the settlement or, failing that, at his discretion.

Relation with Agreement: Article 79

Case Law

IPPT20240726, UPC CFI, LD Paris, Cane v France Development Electronique
Settlement confirmed by the Court; request to publish a redacted version granted (Rule 11 RoP, Rule 365 RoP). Application to withdraw exhibits by party agreement from the proceedings granted. Reimbursement of 60% of Court fees (Rule 370(9) RoP). Case was assigned to a single judge at the request of the parties, and the settlement was reached on 20 June 2024, before the close of the written procedure. 

IPPT20240723, UPC CFI, CD Munich, Astellas v Healios
Three ways to terminate proceedings. Parties may at any time conclude their action by way of settlement, which may be confirmed by the Court (Rule 11 RoP, Rule 365 RoP), by way of agreement to withdraw the action (Rule 265 RoP) or by application to dispose of the action for having become devoid of purpose (Rule 360 RoP).

IPPT20240703, UPC CFI, LD Düsseldorf, Abbott v Sibio
Confirmation of settlement reached between the parties (Article 79 UPCA, Rule 365 RoP). Reimbursement of 20% of the court fees paid in connection with the application for provisional measures (Rule 370 RoP).. Such reimbursement is not precluded by the fact that the present proceedings concern an Application for provisional measures. Although the wording of the English version of Rule 370.9 (c) RoP speaks of an “action”, the German version is more sophisticated (“Verfahren”). The same applies to the French version (“affaire”). In addition, the possibility of partial reimbursement of court fees is intended to motivate the parties to end the proceedings as early as possible by concluding a settlement. This intention is present not only in proceedings on the merits but also in an Application for provisional measures. The fact that R. 370.9 (c) (ii) RoP also provides for an amount for the interim procedure does not justify a different assessment.