Nokia Technologies v Warner Bros. Discovery (CFI, 27 March 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In a decision of 27 March 2026 (UPC_CFI_1390/2025), the judge-rapporteur of the Mannheim Local Division permits, with the consent of the nine Warner Bros. Discovery defendants, the withdrawal of Nokia’s infringement action (EP 4 250 732), declares the proceedings closed and orders a refund of 60% of the court fees, namely EUR 18,600. The interest lies in the transitional rules: the former Rule 370.9 RoP applies where the action was filed before 31 December 2025, even if the withdrawal and the refund request come later.

Question

Which version of Rule 370.9 RoP governs the refund of court fees where an action filed before 31 December 2025 is withdrawn after that date?

Decision

The withdrawal is permitted and no decision on the parties’ costs is needed, since they declared that they would not seek one (point 1). The amendments adopted by the Administrative Committee on 4 November 2025 cover actions and applications « filed » after 31 December 2025, in the judge’s view this means the fee-triggering filing, not the withdrawal or the refund request (point 2(a)). As the action was filed before that date and withdrawn before the written procedure closed, 60% of the fees are refunded under the former Rule 370.9(b)(i) RoP (point 2(b)). The decision notes an apparently contrary view of the Court of Appeal in Black Sheep v HL Display.

Key points for practice

• Practical point: for an action filed before 31 December 2025 the partial refund follows the former scale, but the divergence noted with the Court of Appeal calls for a check of the case law at the time of withdrawal.

Provisions applied

Rules of Procedure

Rules 265 and 370.9(b)(i) (version in force until 31 December 2025)

Other provisions

Administrative Committee decision of 4 November 2025, Art. 5

Case law cited

Court of Appeal, 28 May 2025 (UPC_CoA_808/2024), Orthoapnea, Court of Appeal, 9 March 2026 (UPC_CoA_15/2026), Juul Labs v NJOY, Court of Appeal, 9 January 2026, BTL v Lexter, Hamburg Local Division, 24 March 2026, Black Sheep v HL Display, Court of Appeal, 6 March 2026

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.