Nokia Solutions and Networks v Zhejiang Geely Holding Group (CFI, 29 May 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By a decision of 29 May 2026, the judge-rapporteur of the Mannheim Local Division permits Nokia Solutions and Networks Oy to withdraw infringement action UPC_CFI_662/2025 concerning EP 3 799 333, and Zhejiang Geely Holding Group Co., Ltd. and the other defendants to withdraw counterclaim for revocation UPC_CFI_160/2026. He rejects the claimant’s argument that the refund rate under the former Rule 370.9(b)(i) applies and limits the refund to 50% on each side. The decision brings the Mannheim Local Division into line with the Court of Appeal on the transitional application of that rule.

Question

Where the action was brought before 1 January 2026, is the fee refund after withdrawal governed by the former or the current version of Rule 370.9(b)?

Decision

The withdrawals, consented to on both sides before the written procedure closed, are permitted and the proceedings are declared closed (Rule 265). No costs decision is needed, as the parties stated that they would make no costs applications. The refund is governed by Rule 370.9(b) as in force since 1 January 2026, since the refund application was filed after 31 December 2025, in line with the Court of Appeal’s decision in Hurom v NUC of 26 May 2026. Nokia recovers EUR 21,500 of EUR 43,000 in fees, the rest of its request being dismissed, and the defendants EUR 13,250 of EUR 26,500. The value in dispute is set at EUR 5,000,000 for each set of proceedings.

Key points for practice

• The filing date of the application, not the date on which the action was brought, determines which version of Rule 370.9(b) applies.

Provisions applied

Rules of Procedure

Rules 265, 370.9 and 370.11

Case law cited

Court of Appeal, 28 May 2025 (UPC_CoA_808/2024), Hurom v NUC Electronics, Court of Appeal, 26 May 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.