Panasonic Holdings v Guangdong OPPO Mobile Telecommunications (CFI, ORD_3605/2025, 25 February 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By a joint order of 25 February 2025 (UPC_CFI_220/2023 and UPC_CFI_221/2023), the panel of the Munich Local Division upheld the judge-rapporteur’s orders of 23 and 24 December 2024 which, after Panasonic withdrew its infringement actions (EP 3 024 163) against Xiaomi and OPPO and the counterclaims were withdrawn following a settlement, had limited the refund of court fees to 40% rather than the 60% requested. The order illustrates the exceptional power of reduction in Rule 370.9(e).

Question

Can the 60% refund of court fees available on withdrawal before the close of the written procedure be reduced because of the workload the Court has already borne?

Decision

Yes. The panel left open whether the 60% rate under Rule 370.9(b)(i) requires formal notice of the close of the written procedure or whether de facto closure, once all pleadings have been exchanged (Rule 12.1), is enough. The sliding scale in Rule 370.9(b) is meant to reflect the work the Court has already done, and Rule 370.9(e) allows it, in exceptional cases and having regard to the stage of the proceedings, to refuse or reduce the refund. The dispute was extremely complex and intensively litigated up to withdrawal, generating an exceptional workload, as shown by the number of workflows in the case management system (counterclaims, applications to amend, numerous demanding confidentiality and referral applications). A refund of 40% per claimant was justified. Any remaining workflows were closed.

Key points for practice

• Parties that settle late in a hard-fought dispute cannot count on the maximum fee refund. The Court may reduce it to reflect the work already done.

Provisions applied

Rules of Procedure

Rules 12.1, 333 and 370.9

Case law cited

Mannheim Local Division, 4 February 2025 (UPC_CFI_223/2023)

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.