Topics: R. 265 RoP
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Court of Appeal, March 11, 2026, Decision, UPC_CFI_934/2025
Rule 265 RoP applies to applications for provisional measures, not only to “actions” in the narrow sense.: The Court of Appeal clarified that the term “action” (Klage) in Rule 265.1 RoP encompasses applications for provisional measures. The withdrawal mechanism is therefore not limited to main proceedings such as infringement or revocation actions but extends to…
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Court of Appeal, March 6, 2026, Decision, UPC_COA_895/2025 & UPC_COA_896/2025
Withdrawal of appeal permitted under R. 265(1) RoP where the respondent consents and has no legitimate interest in the action being decided.: Under R. 265.1 RoP, a party may withdraw its action as long as no final decision has been rendered. The withdrawal shall not be permitted if the other party has a legitimate interest…
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Court of Appeal, March 3, 2026, order on a R.265 RoP application and determination of value in dispute, UPC_CoA_887/2025
A claimant can withdraw an action for provisional measures even during a pending appeal, with the defendant’s consent, closing proceedings at both instances (R. 265.1, R. 265.2 RoP).: The Court permitted the withdrawal requested by the claimant and consented to by the defendant, as no final decision had been made. Upon withdrawal of an action,…
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Court of Appeal, December 23, 2025, decision on application for withdrawal, UPC_CoA_523/2024
No waiver of court fees in the context of an application for withdrawal: In principle, pursuant to Rule 250 RoP, the court may waive payment of the fee for a rehearing in the circumstances contemplated by Rule 245.2(a) or (b) RoP (fundamental procedural defect or criminal offence). However, it can only be decided in the…
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LD Brussels, December 4, 2025, decision on withdrawal of infringement action and recoverable costs, UPC_CFI_415/2025
As the Court previously held (cf. LD Düsseldorf – UPC_CFI_355/2025 and UPC_CFI_186/2025 – Fujifilm/Kodak), the focus of appropriateness “is primarily on the amount of costs incurred” and this from an ex ante perspective. When assessing these costs, elements which could be taken into consideration (having regard to the specifical circumstances of a withdrawal of an…
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CoA, November 27, 2025, decision regarding the admissibility of an appeal withdrawal under Rule 265 RoP and the mootness of the intervenor’s appeal, UPC_CoA_70/2025, UPC_CoA_001/2025
An intervenor cannot contradict the party they support: The Court confirms that an intervenor must not act in contradiction to the supported party’s procedural acts or declarations. Consequently, the intervenor cannot oppose that party’s withdrawal of the appeal. The intervenor has no independent appellate standing: Procedural steps by an intervenor are permissible only insofar as…
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LD Düsseldorf, November 17, 2025, application to withdraw infringement action (R. 265 RoP), UPC_CFI_541/2025
Practical guidance on withdrawing an action against a single defendant in a multi-party case: The claimant had filed an infringement suit against two entities, Wizart Inc. and Wizart LLC. However, after facing difficulties serving the claim and being informed by the first defendant that the second was a “non-existent company,” Leap Tools moved to withdraw…
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LD Munich, July 16, 2025, Order concerning an application for compensation
Withdrawal of Actions: 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. Withdrawal of Compensation Applications: Applications for…
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Court of Appeal, May 23, 2025, Order, UPC_CoA_7/2025
Withdrawal of appeal permitted where both parties consent and no legitimate interest remains (Rule 265.1 RoP).: The Court of Appeal allowed the claimant to withdraw the appeal after the respondent consented, as neither party had a legitimate interest in continuing the proceedings. 40% reimbursement of court fees granted for withdrawal before closure of interim procedure…
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LD Milan, April 7, 2025, Order concerning R. 263 and R. 265 RoP, UPC_CFI_472/2024
Rule 263(3) RoP allows for unconditional limitation of claims, covering both the relief sought and the cause of action.: Rule 263(3) RoP applies if a patentee asserts a plurality of patents and then renounces one of them. Therefore, Rule 265 RoP concerning the case in which theClaimant withdraws the action – all its claims –…
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CoA, January 15, 2025, order on withdrawal, UPC_CoA_629/2024
Withdrawal of the action during appeal proceedings possible: After the first instance infringement decision was appealed, the decision on withdrawal is within the competence of the CoA. According to R. 265.1 RoP, the decision of the first instance is not final. Therefore, admissibility of the withdrawal of the infringment action is not precluded during appeal.…
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CD Munich, 23 July, 2023, Order on conclusion of a revocation action by way of settlement, UPC 75/2023, UPC 80/2023
Conclusion of an action by way of settlement without a request according to R. 365.1 RoP possible: The parties may at any time conclude their action by way of settlement which “shall” be confirmed by a decision of the Court, Art. 79 UPCA. R. 365 RoP clarifies that the Court shall confirm the settlement only…
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CoA Luxembourg, June 4, 2024, order on withdrawal of appeal, UPC_CoA_183/2024
Applicable rule for the withdrawal of an appeal: R. 265 RoP, which has a broad scope: R. 265 RoP is primarily drafted with a view to comprehensive withdrawals of whole actions. It does neither distinguish between the first instance and the appeal proceedings nor between procedural appeal and appeals in substance. It does also not…
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CoA Luxembourg, June 4, 2024, order on withdrawal of appeal, UPC_CoA_205/2024
Applicable rule for the withdrawal of an appeal: R. 265 RoP, which has a broad scope: R. 265 RoP is primarily drafted with a view to comprehensive withdrawals of whole actions. It does neither distinguish between the first instance and the appeal proceedings nor between procedural appeal and appeals in substance. It does also not…
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LD The Hague, May 1, 2024, UPC_CFI_379/2023, Procedural order
Withdrawal of action pursuant to R. 265 RoP and reimbursement of court fees: An application to withdraw shall be permitted if the other party consents to the withdrawal. The Court then issues a decision declaring the proceedings closed, resp. the case terminated. The decision includes a decision on costs and the decision will be published…
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