2026-06-01 - LD Munich - Nokia Technologies Oy v. Zhejiang Geely Holding Group Co., Ltd. a.o. - UPC-CFI-0000236/2026

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Munich Local Division (Panel 2) allowed Nokia and the 32 Geely-group defendants to withdraw the infringement action and the revocation counterclaim under R. 265.1/.2 RoP after the parties settled out of court during the written procedure, no party having a legitimate interest in a merits decision. It held that on withdrawal the court must make an ex-officio basic cost decision under Art. 69 UPCA notwithstanding that R. 265.2(c) RoP references only the cost-determination rules, but that the parties' joint declaration to seek no cost decision is understood as each bearing its own costs. On fee reimbursement, the court applied the amended R. 370.9(b) RoP (in force since 1 January 2026) because the withdrawal requests were filed after 31 December 2025 — following four Court of Appeal decisions and expressly declining to follow the Mannheim Local Division's divergent view — and reimbursed each side 50% of its court fees, rejecting the claimant's request for 60%.

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: UPC-CFI-0000236/2026