Avago Technologies International Sales v Telefónica Germany (CFI, 30 April 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

The Düsseldorf Local Division orders that 50% of the court fees paid in infringement action UPC_CFI_1648/2025 (EP 1 954 091), namely EUR 7,500, be reimbursed to Avago Technologies International Sales Pte. Limited, and dismisses the further request for 60%. The order settles a transitional question relevant to any action filed in 2025 and withdrawn in 2026.

Question

For an action filed on 19 November 2025 and withdrawn on 3 February 2026, before the closure of the written procedure, is reimbursement governed by the former Rule 370.9 or by the version applicable since 1 January 2026?

Decision

The division applies the amended Rule 370.9(b), which provides for 50% reimbursement where the action is withdrawn before the closure of the written procedure (paragraph 5). Article 5 of the Administrative Committee decision of 4 November 2025 makes the amended rules applicable to actions and applications filed after 31 December 2025 (paragraph 6). The relevant application is the application to withdraw of 3 February 2026, not the action itself, so the new text applies, as the Court of Appeal has held (paragraph 7).

Key points for practice

• The reimbursement regime depends on the date of the application to withdraw, not on the date on which the action was filed (paragraph 7).

Provisions applied

Rules of Procedure

Rule 370.9

Case law cited

Black Sheep Retail Products v HL Display, Court of Appeal, 6 March 2026

Related decisions

• Avago v Telefónica Germany, 11 February 2026, decision permitting the withdrawal.

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.