Topics: withdrawal
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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 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…
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Nordic-Baltic Regional Division, 8 September 2023, UPC_ CFI_11/2023
If an infringement action is withdrawn before the Statement of Claim is served on defendants, this is a withdrawal before the closure of the written procedure in the meaning of R. 370.9 RoP. Consequently, 60% of the court fees will regularly be reimbursed upon reasoned application.: Interestingly, the Regional Division did not comment on how…
3 min Reading time→
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