Key takeaways
The right to a court fee refund upon withdrawal is governed by the rules in force on the date of the withdrawal request, not the filing date of the action (R. 370.9 RoP)
✓
The Court held that the triggering event for a refund claim is the withdrawal itself. Therefore, amendments to R. 370.9 RoP apply to all withdrawal requests filed after the amendment’s effective date. An appellant has no legitimate expectation that procedural rules on fee refunds will remain unchanged.
Division
Court of Appeal
UPC number
UPC_CoA_360/2025
Type of proceedings
Appeal
Parties
Appellant / Plaintiff at First Instance: Lionra Technologies Ltd.
Respondent / Defendant at First Instance: Cisco Systems GmbH and Cisco Systems, Inc.
Patent(s)
EP 2 201 740
Jurisdictions
UPC
Body of legislation / Rules
Rule 237.5 RoP, Rule 265.1 RoP, Rule 265.2(c) RoP, Rule 370.9 RoP
