Nokia Technologies v Zhejiang Geely Holding Group (CFI, 1 June 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By a decision of 1 June 2026, following a settlement reached during the written procedure, the Munich Local Division allows Nokia Technologies Oy to withdraw infringement action UPC_CFI_661/2025 concerning EP 4 090 075, and Zhejiang Geely Holding Group Co., Ltd. and the 31 other defendants to withdraw counterclaim for revocation UPC_CFI_236/2026. Each party bears its own costs. The refund of court fees is limited to 50% for each side, although the claimant had asked for 60%. Departing from the Mannheim Local Division, the decision confirms that the applicable version of Rule 370.9(b) depends on the date of the application to withdraw.

Question

Which rate of court fee refund applies to a withdrawal filed after 31 December 2025 in proceedings started earlier?

Decision

The withdrawals are permitted, each side having consented to the other’s withdrawal (paragraphs 6 to 9). Since the parties stated that they sought no costs decision, each bears its own costs (paragraph 10). The division applies Rule 370.9(b) as in force since 1 January 2026, the Court of Appeal having held in four decisions that the filing date of the application to withdraw is decisive. It declines to follow the diverging view of the Mannheim Local Division of 27 March 2026 and sees no need to grant leave to appeal (paragraphs 11 to 14). Each side is refunded 50% of the fees paid and Nokia’s request for more is rejected (paragraph 15 and operative part).

Key points for practice

• For a withdrawal filed after 31 December 2025, the fee refund follows the new Rule 370.9(b), whatever the date on which the action was brought (paragraphs 12 and 13).
• A joint statement that no costs decision is sought is normally read as each party bearing its own costs (paragraph 10).

Provisions applied

Agreement on a Unified Patent Court

Art. 69

Rules of Procedure

Rules 265.1, 265.2, 370.9 and 370.11

Case law cited

MSG Maschinenbau v EJP Maschinen, Munich Local Division, 11 October 2024, VMR Products v NJOY Netherlands, Court of Appeal, 9 January 2026, Black Sheep Retail Products v HL Display, Court of Appeal, 6 March 2026, Court of Appeal, 9 March 2026 (UPC_CoA_15/2026), Nokia v Warner Bros. Discovery, Mannheim Local Division, 27 March 2026, not followed

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.