Key takeaways
R. 265.1 RoP applies equally to withdrawals of appeals and first instance actions, provided no final decision has yet been issued
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.
Where both parties mutually agree that no cost decision is required, the Court is not obligated to issue such a decision under R. 265.2(c) RoP
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.
Appellant is entitled to a 50% reimbursement of appeal court fees under R. 370.9(b) RoP if the withdrawal is filed before the written procedure closes
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RoP, as amended and effective since 1 January 2026, provides for a 50% reimbursement of court fees if an action is withdrawn before the written procedure closes.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
