ALD France v Nanoval (CFI, 23 July 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In a decision of 23 July 2026 (UPC_CFI_999/2025), the Paris Central Division allows the withdrawal of ALD France’s action for revocation of Nanoval’s patent EP 3 083 107, declares the case closed and grants the claimant a refund of only 50% of the court fees (EUR 10,000), not the 60% it sought. The decision applies amended Rule 370.9(b) RoP to withdrawal requests filed after 1 January 2026, even for an action brought in 2025.

Question

Where an action was brought before 1 January 2026, is the refund of court fees on withdrawal before the close of the written procedure governed by former Rule 370.9(b)(i) RoP (60%) or by the amended rule (50%)?

Decision

The withdrawal is allowed, since no decision had been given and the defendant consented on 13 July 2026 (paragraphs 8 to 10). The main request for a 60% refund is dismissed: former Rule 370.9(b)(i) RoP provided for that rate on withdrawal before the close of the written procedure, but the amended rule reduces it to 50% (paragraphs 11 to 14). Following Court of Appeal case law, from which the panel declines to depart, the amended rule applies where the withdrawal and the refund request are filed after 1 January 2026, as the request was filed on 8 July 2026, the former rule does not apply (paragraphs 16 and 17). The alternative request for 50% is granted (paragraphs 18 and 19), no decision on recoverable costs is made, as none was requested (paragraph 20).

Key points for practice

• Practical point: for a withdrawal filed since 1 January 2026, the refund of court fees before the close of the written procedure is at most 50%, whatever the date on which the action was brought.

Provisions applied

Rules of Procedure

Rules 265, 370.9(b) and 370.11

Case law cited

Black Sheep Retail Products v HL Display, Court of Appeal, 6 March 2026, Hurom v NUC Electronics, Court of Appeal, 26 May 2026, Bekaert Combustion v Polidoro, Court of Appeal, 6 July 2026, Tiru v Veolia, Court of Appeal, 13 July 2026

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.