Sun Patent Trust v Shenzhen Transsion Holdings (CFI, 23 December 2025)

Dhenne Avocats · 30 October 2026

Our analysis

Summary

By decision of 23 December 2025 the Mannheim Local Division permits Sun Patent Trust to withdraw its action for infringement of EP 2 903 267 against Shenzhen Transsion Holdings and several European distributors, declares the proceedings closed, finds that no cost decision is required, sets the value of the dispute at one million five hundred thousand euros and orders the reimbursement of sixty per cent of the court fees, that is eleven thousand four hundred euros.

Facts and procedure

The action targeted the manufacturer and a series of distributors established in several member states. The represented parties agreed on the withdrawal and each declared that it would bear its own costs. One defendant had not taken part in the proceedings.

The applicable law

Withdrawal is governed by Rule 265 of the Rules of Procedure. The partial reimbursement of court fees rests on Rule 370.11, read with Rule 370.9(b) in the version in force since 1 January 2026, Rule 370.9(e) allowing a lower reimbursement where exceptional circumstances appear.

Question

Could the withdrawal be permitted, and to what extent were the court fees to be reimbursed?

Decision

The withdrawal is permitted in accordance with the common intention of the represented parties. As against the defendant that did not take part, it is permitted because that party showed no interest in the proceedings, and no cost decision is required for it since it plainly incurred no recoverable costs. The proceedings are declared closed, the decision entered on the register, the value of the dispute set at one million five hundred thousand euros and sixty per cent of the court fees, that is eleven thousand four hundred euros, reimbursed to the claimant, the withdrawal having occurred before the closure of the written procedure.

Key points for practice

• Withdrawal is permitted as against a defendant that is not represented where it has shown no interest in the proceedings.
• No cost decision is required where each party that incurred costs agrees to bear its own, and where the absent defendant has plainly incurred none.
• Reimbursement of sixty per cent of the court fees requires withdrawal before the closure of the written procedure, the rule applying to actions predating the amendment in force since 1 January 2026.
• The value of the dispute is set in the closing decision, here one million five hundred thousand euros.

Provisions applied

Rules of Procedure

Rules 265, 370.9(b), 370.9(e) and 370.11

Only the official text is authentic.