Topics: withdrawal of action
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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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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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LD Milan, Decision of September 11, 2023, UPC_CFI_57/2023
No decision on costs if parties agree to waiver of action and do not seek cost reimbursement: If Defendant agrees to a withdrawal of an action under Rule 265 RoP and does not seek reimbursement of costs, no decision on litigation costs is necessary since under Rule 151 RoP, such an order is issued only…
2 min Reading time→
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