2026-07-29 - LD Lisbon - Ericsson v. ASUS et al. - UPC_CFI_757/2024

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Lisbon Local Division confirmed a settlement limited to costs under R. 365.1 RoP and ordered the unsuccessful party to pay the agreed lump sum of EUR 150,000. Three points were decided. First, R. 365.1 RoP is not confined to settlements that end the proceedings: it covers partial settlements and settlements limited to costs, because any other reading would cut across the parties' power to define the scope of their litigation. Second, whether an arrangement is a settlement depends on its substance, not on the label the parties use; an 'agreement on costs' that resolves an existing or potential dispute is a settlement. Third, where both parties have jointly submitted the settlement and its terms, a request for confirmation by one party alone satisfies the rule — requiring a second joint request would place enforceability in the hands of one party and leave the other, who relied on the joint submission, unprotected. The division also held that it retained jurisdiction after the merits decision and while an appeal was pending, that the RoP set no time limit for a confirmation request, and that no separate cost-determination procedure under R. 150 et seq. RoP was needed because the settlement fixed the recoverable amount and waived any additional costs.

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: UPC_CFI_757/2024