Home » UPC decisions » Luxembourg Court of Appeal » CoA, July 6, 2026, Decision regarding application to withdraw (R. 265 RoP) and reimbursement of court fees (R. 370.9 RoP), UPC-CoA-29/2026, UPC-CoA-30/2026

CoA, July 6, 2026, Decision regarding application to withdraw (R. 265 RoP) and reimbursement of court fees (R. 370.9 RoP), UPC-CoA-29/2026, UPC-CoA-30/2026

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Key takeaways

The CoA confirmed its consistent case law that R. 265.1 RoP, which permits withdrawal of an action before a final decision is issued, applies equally to appeal proceedings.

With both appellant and respondent having consented to each other’s withdrawal, the Court permitted the withdrawal and declared the proceedings closed.

R. 265.2(c) RoP generally requires the Court to issue a cost decision upon withdrawal, in accordance with Part 1, Chapter 5 of the RoP.

However, if both appellant and respondent explicitly agree that the first-instance cost order should remain unaffected and no new cost decision is sought, the Court has no obligation to issue a cost decision, respecting party autonomy.

R. 370.9(b) RoP, as amended and effective since 1 January 2026, provides for a 50% reimbursement of court fees if an action is withdrawn before the written procedure closes.

Since the application to withdraw the action and to reimburse the court fees was filed after 1 January 2026, the amended version of R. 370.9(b) RoP applied.

Division

Court of Appeal

UPC number

UPC-CoA-29/2026, UPC-CoA-30/2026

Type of proceedings

Application to withdraw in appeal proceedings

Parties

Appellants (Defendants and Counterclaimants): Bekaert Combustion Technology B.V. and NV Bekaert SA

Respondent (Claimant and Counterdefendant): Polidoro S.p.a.

Patent(s)

EP 2 037 175

Jurisdictions

UPC

Body of legislation / Rules

R. 265.1 RoP

R. 265.2(c) RoP

R. 370.9(b) RoP


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