BF exaQC v NVIDIA (CoA, 29 September 2026)

Dhenne Avocats · 4 October 2026

Our analysis

Facts and procedure

NVIDIA Corporation and NVIDIA GmbH, defendants at first instance and appellants, sought reimbursement of court fees paid on an appeal against a counterclaim for revocation, in their dispute with BF exaQC AG and ParTec AG over EP 3 743 812. Because of an administrative error the appeal was first lodged under the wrong case number and then filed again under the correct one, producing an overpayment of EUR 3,400, that is EUR 2,940 for the appeal and EUR 460 for the application for re-establishment.

Question

May the Court of Appeal order reimbursement of fees overpaid after a registration error, and in what amounts.

Decision

The Court of Appeal instructs the Registry to reimburse NVIDIA EUR 2,940 for the appeal and EUR 460 for the application for re-establishment.

Key points for practice

• The fee for an appeal against a counterclaim for revocation equals the fee for filing that counterclaim at first instance, increased by ten per cent (paragraph 11).
• A double payment caused by a wrong case number is corrected by an instruction to the Registry, without affecting the admissibility of the appeal.
• The application for re-establishment carries its own fee, equally refundable where it was paid without cause.

Provisions applied

Rules of Procedure

Rules 228, 220.1(a) and (b), 370.5, 26 and 320.1

Summary prepared by Dhenne Avocats from the full text of the decision, consulted on 4 October 2026. It does not replace reading the decision itself.