2026-03-04 - LD Munich - JVCKENWOOD v. Hisense et al. - UPC_CFI_718/2025
- Aktenzeichen:
- UPC_CFI_718/2025
- Datum:
- Spruchkörper:
- Court of First Instance - Munich (DE) Local Division
- Art:
- Decision
- Parteien:
- JVCKENWOOD Corporation v. Hisense Gorenje Germany GmbH, ATAG Nederland B.V., Gorenje gospodinjski aparati, d.o.o, Hisense Visual Technology Co, Ltd, Hisense France SAS, Hisense Italia S.r.l.
Kernaussage: The Munich Local Division, sitting through its judge-rapporteur, permitted the claimant to withdraw an infringement action under R.
2026-03-04 - LD Munich - JVCKENWOOD
v.
Hisense et al. - UPC_CFI_718/2025
notable
The Munich Local Division, sitting through its judge-rapporteur, permitted the claimant to withdraw an infringement action under R. 265.1 RoP where all defendants had agreed to the withdrawal and had declared that they would seek no costs. Because the parties' declarations disposed of costs between them, the Court held that no cost decision was required. On the court fees, the decision reimburses 60% under R. 370.11 and R. 370.9(b)(i) RoP in the version in force before 1 January 2026, the action having been settled before the closure of the written procedure. The decision records in terms that the action was commenced on 7 August 2025, before the amended Rules of Procedure entered into force, and applies the former version without further reasoning; the reimbursement application itself was filed after the cut-off. The applicable transitional criterion is contested at first instance, and this decision sits on the 60% side of that divergence.