MED-EL v Advanced Bionics (CFI, 28 May 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 28 May 2025, the Mannheim Local Division, following a settlement, permitted MED-EL Elektromedizinische Geräte to withdraw its infringement action on EP 4 074 373 against three Advanced Bionics companies (UPC_CFI_410/2023), cancelled the date set for pronouncing the decision and declared the proceedings closed. It refused any reimbursement of court fees, which were charged to the claimant, and set the value in dispute at EUR 6,000,000.

Question

Does a withdrawal made just before the pronouncement of a decision already drafted give rise to a partial reimbursement of court fees?

Decision

No. The division noted that the decision had been fully drafted and signed when the action was withdrawn and only remained to be uploaded, which the parties knew. It added that the parties had left it uncertain until the last moment whether the pronouncement date would stand and had responded only after directions from the Court. These were exceptional circumstances within Rule 370.9(e), which exclude the reimbursement provided for in Rule 370.9(b). The parties had waived any application for costs.

Key points for practice

• Reimbursement of court fees on withdrawal may be refused where the decision is already finalised and the parties were slow to inform the Court.
• A settlement reached on the eve of pronouncement comes at a price: parties should notify the division without delay.

Provisions applied

Rules of Procedure

Rules 265 and 370.9(b) and (e)

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.