Maxeon Solar v Aiko Energy Germany (CFI, 11 February 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In a decision of 11 February 2026, made in the infringement action on EP 3 065 184 (UPC_CFI_336/2024) and the two joined revocation counterclaims (UPC_CFI_605/2024 and UPC_CFI_607/2024), the Düsseldorf Local Division allowed the withdrawals that followed a settlement between Maxeon Solar Pte. Ltd. and Aiko Energy Germany GmbH and seven other defendants. It refused any refund of court fees, as the settlement was notified after the oral hearing.

Question

Can a party that withdraws after the oral hearing has closed obtain a partial refund of court fees, and can defendants who filed a separate counterclaim recover its fee by describing it as a joint one?

Decision

Since each party bears its own costs, no cost decision is required notwithstanding Rule 265.2(c). Maxeon’s refund request was dismissed: the hearing of 17 December 2025 had ended when the Court learned of the settlement, so even the 20% refund under Rule 370.9(c) was unavailable, and ending the case saved the Court no significant time. The EUR 15,000 refund sought by defendants 3 and 5 to 8 was also dismissed: having filed their own requests and arguments in writing and at the hearing, when they could have joined the other counterclaim, they brought an independent action subject to its own fee. The claimant’s security was released, applying Rule 352.2 by analogy. The value in dispute was set at EUR 5,000,000 for each action.

Key points for practice

• A refund of court fees requires settlement before the oral hearing ends. A settlement reached while the decision is pending gives no entitlement.
• Practical point: co-defendants who each file their own counterclaim each pay the fee and cannot recover it by later presenting the counterclaims as a joint one.

Provisions applied

Rules of Procedure

Rules 265.1, 265.2(c), 352.2, 370.9 and 370.11

Case law cited

DexCom v Abbott, Court of Appeal, 24 January 2025, UPC_CoA_569/2024, F. Hoffmann La Roche v Tandem Diabetics, Düsseldorf Local Division, 30 June 2025, UPC_CFI_504/2023, MED-EL v Advanced Bionics, Mannheim Local Division, 28 May 2025, UPC_CFI_410/2023

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.