Adeia Guides v The Walt Disney Company (Benelux) (CFI, 5 February 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In a decision of 5 February 2026, given in the infringement action on EP 1 969 839 (UPC_CFI_666/2024) and proceedings UPC_CFI_199/2025, the Hague Local Division allowed the withdrawals that followed the settlement between Adeia Guides Inc. and three Walt Disney group companies, cancelled the oral hearing and closed both actions. It limited the refund of court fees to 20%, however, although the parties sought 40%, holding that the order made under Rule 105.5 had impliedly opened the oral procedure.

Question

When does the interim procedure end under Rule 110 for the purpose of setting the rate at which court fees are refunded on withdrawal?

Decision

The refund rate depends on the stage reached at the time of withdrawal (Rule 370.9(b)). The interim procedure ends and the oral procedure begins when the judge-rapporteur so informs the presiding judge and the parties (Rule 110), as no formal requirements apply, that information may be implied, and the Rule 105.5 order served that purpose here. Each party bears its own costs, the claimant paying the court fees for the infringement action and the defendants those for the counterclaim. 20% is refunded on each side and the excess request was dismissed. Leave to appeal was refused because the refund rules have since been amended, so any clarification by the Court of Appeal would be of historical interest only.

Key points for practice

• Practical point: the close of the interim procedure may follow implicitly from the Rule 105.5 order, the reach of the ruling is limited by the later amendment of the refund rules.

Provisions applied

Rules of Procedure

Rules 105.5, 110, 265.1 and 370.9(b)

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.