2024-07-23 - CD Munich - ASTELLAS INSTITUTE FOR REGENERATIVE MEDICINE v. Healios K.K et al. - UPC_CFI_75/2023; UPC_CFI_80/2023
- Aktenzeichen:
- UPC_CFI_75/2023; UPC_CFI_80/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Munich (DE) Central Division - Section
- Art:
- Application Order
- Parteien:
- Astellas vs. Healios
Kernaussage: 1.
2024-07-23 - CD Munich - ASTELLAS INSTITUTE FOR REGENERATIVE MEDICINE
v.
Healios K.K et al. - UPC_CFI_75/2023; UPC_CFI_80/2023
1. The parties to proceedings may at any time conclude their action by way of settlement, also without seeking a confirmatory Court decision as meant in Rule 365 RoP.
2. Actions are disposed of by way of order as the parties have made a unanimous application under Rule 360 RoP declaring that they concluded their actions by way of settlement and wish to dispose of the actions because they have become devoid of purpose and that there is no longer any need to adjudicate thereon.
3. Reimbursement of Court fees pursuant to Rule 370.9 sub c RoP is not limited to concluding a case by way of settlement within the meaning of Rule 365 RoP.
notable
The Munich Central Division Section disposed of two parallel Astellas revocation actions following the parties' settlement and granted 20% reimbursement of court fees. The panel (Voß, Kupecz, Gerli) clarified three points: (i) parties may conclude an action by settlement at any time under Art. 79 UPCA without seeking a confirmatory decision under R. 365 RoP — the disposition principle of Art. 76(1) / Art. 43 UPCA permits unconfirmed settlement; (ii) where the parties do not seek R. 365 confirmation, a unanimous application under R. 360 RoP may be used to dispose of the action as 'devoid of purpose', avoiding the need to share settlement terms with the Court (which would be required under R. 11.2 / R. 365.1 RoP); and (iii) R. 370.9(c) RoP fee reimbursement is not limited to court-confirmed R. 365 settlements — its text speaks generally of 'settlement' and the reimbursement rationale (encouraging early settlement) applies regardless of confirmation. Alternative pathways via withdrawal under R. 265 RoP are also available (noting LD Munich orders in KraussMaffei/TROESTER of 11 July 2024).
Stichwörter
Settlement, reimbursement of court fees, disposal of action, devoid of purpose, unanimous application