Amgen v Sanofi Biotechnology (CoA, 24 March 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In a decision of 24 March 2026 (UPC_CoA_646/2025), the UPC Court of Appeal allowed Amgen N.V. and six other Amgen companies to withdraw their appeal against the Düsseldorf Local Division decision of 13 May 2025 (UPC_CFI_505/2023, EP 3 536 712), insofar as it dismissed their counterclaim for revocation. As the parties had settled and waived a cost decision, none was given. The court did, however, dismiss the request for reimbursement of court fees: the withdrawal came in the interim phase, after the written procedure had closed. The decision is a reminder that the timing of a settlement has a direct bearing on court fees.

Question

Can an appellant withdrawing after the close of the written procedure obtain a full or partial refund of the court fees paid for the appeal?

Decision

Withdrawal was allowed under Rule 265.1, which applies mutatis mutandis to appeals, as the respondents had consented and so had no legitimate interest in a decision (paragraphs 9 and 10). Reimbursement is available only in the situations listed in Rules 370.9 and 370.10, on a reasoned application under Rule 370.11 (paragraph 12). Rule 370.9, in the version applicable since 1 January 2026 (paragraph 13), provides for a 50% refund where the action is withdrawn before the written procedure closes, which applies correspondingly to appeals (paragraph 14). Since the withdrawal came after that point (paragraph 15) and the court has no discretion beyond Rules 370.9 and 370.10 (paragraph 16), the request was dismissed (paragraph 17).

Key points for practice

• On appeal, the 50% refund under Rule 370.9(b)(i) is available only where the appeal is withdrawn before the written procedure closes (paragraphs 14 and 15).
• Asking for reimbursement « as the Court deems appropriate » achieves nothing: the court has no discretion outside the cases provided for in the Rules (paragraph 16).

Provisions applied

Rules of Procedure

Rules 265.1, 295(a), 370.9(b)(i), 370.10 and 370.11

Case law cited

Court of Appeal, 5 July 2024, UPC_CoA_234/2024, Court of Appeal, DISH v AYLO PREMIUM, 9 January 2025

Related decisions

• Sanofi Biotechnologies v Amgen, 13 May 2025, Düsseldorf Local Division decision on the merits under appeal.
• Sanofi Biotechnology v Amgen, 24 March 2026, parallel withdrawal of Sanofi and Regeneron’s appeal against the dismissal of the infringement action.

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.