LD Munich, July 16, 2025, Order concerning an application for compensation

Parties may withdraw actions and counterclaims before a final decision if there’s no legitimate interest in continuing according to R. 265.1 RoP, as is the case with settlements.
In this case, both the claimant and the defendant withdrew their respective action and counterclaim after reaching a settlement.

Applications for compensation under R. 213.2 RoP are treated like actions and can be withdrawn under the same conditions as other actions according to R. 265 RoP.
Similar to the main action and the counterclaim, the defendants also withdrew their application for compensation after the settlement.

The court can deviate from the standard fee reimbursement scale in exceptional cases, such as when the proceedings have been particularly intensive according to R. 370.9 (e) RoP.
Due to the high number of applications filed and the resulting workload for the court, only 40% of the fees were reimbursed for the infringement action and counterclaim.

Applications for compensation under Rule 213.2 RoP are subject to court fees, payable by the applicant.
The court rejected the defendants’ argument that no fees are due for such applications, clarifying that the UPC operates on a fee-based system.
Notably, the term “damages” in Rule 132 RoP, concerning fees, includes compensation sought under Rule 213.2 RoP. This clarifies that the existing fee structure applies to compensation applications.