2026-01-15 - CD Paris - Lindal Dispenser v. Rocep-Lusol - UPC-CFI-0001057/2025
- Aktenzeichen:
- UPC-CFI-0001057/2025
- Datum:
- Spruchkörper:
- Court of First Instance - Paris (FR) Central Division - Seat
- Art:
- Decision
- Parteien:
- Lindal Dispenser GmbH v. Rocep-Lusol Holdings Limited
Kernaussage: The Paris Central Division permitted the withdrawal of an action for a declaration of non-infringement after the parties reported a confidential settlement covering the action and all costs relating to it.
2026-01-15 - CD Paris - Lindal Dispenser
v.
Rocep-Lusol - UPC-CFI-0001057/2025
notable
The Paris Central Division permitted the withdrawal of an action for a declaration of non-infringement after the parties reported a confidential settlement covering the action and all costs relating to it. Under Rule 265.1 RoP the withdrawal was granted because no final decision had been given and the application was made jointly, so the defendant could have no legitimate interest in a decision, and the Court made no cost decision because both parties asked it not to rule on that point. On the court fees the Division applied Rule 370.9(b)(i) RoP and reimbursed 60%, the withdrawal having been filed before the close of the written procedure. It refused the claimant's request to raise the rate to 80%: Rule 370.9(e) RoP empowers the Court, in exceptional cases and having regard to the stage of the proceedings and the party's procedural behaviour, to deny or decrease a reimbursement payable under paragraphs 9(b) and (c), and it supplies no legal basis for increasing one. The reimbursement scale is therefore a ceiling that the Court may cut but not raise.