Lionra v Cisco Systems (CoA, 17 July 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In a decision of 17 July 2026 (UPC_CoA_360/2025), the Court of Appeal, following a settlement, permitted Lionra to withdraw its appeal against the Hamburg Local Division’s decision of 19 February 2025 (EP 2 201 740), held that Cisco’s cross-appeal is deemed withdrawn and declared the proceedings closed. It refused, however, a refund of 20% of the court fees: since 1 January 2026 that refund for withdrawal before the close of the oral procedure no longer exists, and the date of the withdrawal request determines which regime applies. The decision matters to any party negotiating a settlement on appeal.

Question

Is the 20% fee refund under former Rule 370.9(b)(iii) RoP still available for an appeal lodged in 2025 but withdrawn after 1 January 2026?

Decision

Withdrawal is permitted, since Cisco declared that it had no legitimate interest in a decision (paragraphs 11 to 13), the cross-appeal is deemed withdrawn under Rule 237.5 RoP (paragraph 14), and no costs decision is made, the parties having waived one (paragraphs 15 and 16). The 20% refund was abolished by the Administrative Committee’s decision of 4 November 2025 with effect from 1 January 2026 (paragraphs 18 and 19). The Court takes the date of the withdrawal request as decisive, since that request gives rise to the refund claim. Neither legal certainty nor legitimate expectations require the former rule to be applied, and Lionra showed no disproportionate effect on its rights (paragraph 21). As the request was made on 6 July 2026, the current rule applies, which provides a refund only for withdrawal before the close of the written procedure (paragraphs 22 and 23).

Key points for practice

• Practical point: timing matters when settling on appeal, under the current Rule 370.9 RoP, only a withdrawal before the written procedure closes qualifies for a refund (paragraph 22).

Provisions applied

Rules of Procedure

Rules 237.5, 265.1, 265.2(c) and 370.9

Other provisions

Administrative Committee decision of 4 November 2025 amending the table of court fees

Case law cited

Bekaert v Polidoro, Court of Appeal, 6 July 2026 (UPC_CoA_29/2026 and UPC_CoA_30/2026), Hurom v NUC, Court of Appeal, 26 May 2026 (UPC_CoA_916/2025), VMR Products v NJOY, Court of Appeal, 9 January 2026 (UPC_CoA_257/2025), Court of Appeal, UPC_CoA_234/2024 (Curio), CJEU, 17 December 2015, Szemerey, C-330/14, CJEU, 11 June 2015, Berlington Hungary, C-98/14

Related decisions

• Lionra v Cisco Systems, 19 February 2025, Hamburg Local Division decision under appeal.

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.