BTL Medizintechnik v Lexter Microelectronic Engineering Systems (CFI, 13 August 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 13 August 2026 (UPC_CFI_1048/2025), the Hague Local Division declares inadmissible BTL Medizintechnik GmbH’s request for reimbursement of 60% of the court fees following withdrawal of its infringement action against Lexter Microelectronic Engineering Systems S.L. (EP 4 146 335), and grants leave to appeal. The order matters because it frames a common post-withdrawal request: a closed case accepts no further filings without reopening, and the right to reimbursement may be lost where the parties have stated that no costs decision is needed.

Question

Is a request for reimbursement of court fees under Rule 370.9(b) RoP admissible when filed about two months after the case was closed following withdrawal?

Decision

The request is inadmissible and, even if it were admissible, would be dismissed (paragraph 6). A closed case cannot receive further filings, even where the case management system technically allows them: the party must first ask for the case to be reopened, which is at the Court’s discretion (paragraph 7). As court fees form part of the costs (Rules 150.1 and 151(d) RoP), parties who stated that no costs decision was needed have forfeited that right (paragraph 8). In the absence of an express time limit in Rule 370.11 RoP, the request must be made within a reasonable time, here aligned on the one-month period in Rule 151 RoP (paragraph 9). Decisions of other divisions relied on do not bind the panel, which grants leave to appeal to promote harmonisation (paragraph 10).

Key points for practice

• Practical point: on withdrawal, a party seeking partial reimbursement of court fees should request it before the case is closed, or at least within one month, and should not state that no costs decision is needed (paragraphs 8 and 9).

Provisions applied

Rules of Procedure

Preamble, point 7, Rules 150.1, 151, 220.2, 265, 320, 370.9(b) and 370.11

Case law cited

Sanofi v Amgen, Düsseldorf Local Division, 8 June 2026

Related decisions

• BTL Medizintechnik v Lexter, 16 January 2026, decision recording the withdrawal and closing the case.

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.