Key takeaways
The applicable version of the RoP is determined by the filing date of the action, not by the date of subsequent procedural steps (Art. 5 of the Administrative Committee’s decision of 4 November 2025)
According to Art. 5 of the Administrative Committee’s decision of 4 November 2025, the revised rules re. the Table of Court Fees, and the Guidelines for recoverable costs only apply only to actions filed after 31 December 2025. Actions filed before that date remain governed by the prior (2025) version of the RoP.
A 60% reimbursement of court fees is granted when an action is terminated before closure of the written procedure (R. 370.9 (b)(i) RoP)
The Claimant withdrew its infringement action before the closure of the written procedure. The Court found the request for reimbursement of court fees of 60% justified pursuant to R. 370.9 RoP (2025) in conjunction with R. 370.9 lit. (b)(i) RoP (2025).
Division
Local Division Hamburg
UPC number
UPC_CFI_1049/2025
Type of proceedings
Infringement action
Parties
Claimant: BTL Medizintechnik GmbH
Defendant: Lexter Microelectronic Engineering Systems S.L.
Patent(s)
EP 4 426 414
Body of legislation / Rules
R. 370 RoP, Art. 5 of the Administrative Committee’s decision of 4 November 2025
