Pirelli Tyre v Kingtyre Deutschland (CFI, 15 July 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 15 July 2025 (UPC_CFI_771/2024), the Milan Local Division confirmed the settlement concluded on 25 February 2025 between Pirelli Tyre and Kingtyre Deutschland in the action for infringement of EP 2 519 412, the action continuing against Tianjin Kingtyre Group. The amount paid remains confidential and Pirelli obtained reimbursement of 30% of the court fees.

Question

How is the reimbursement of court fees under Rule 370.9(c)(i) RoP calculated where a settlement reached before the closure of the written procedure ends the action against only one of two defendants?

Decision

The panel confirmed the settlement under Rules 365.1 and 11.2 RoP, without any decision on costs, which the parties had settled between themselves (paragraphs 7 to 10). It granted the request to keep confidential the compensation and reimbursement of legal fees provided for in Article 9 of the agreement, only the redacted version of which is annexed to the order (paragraphs 11 and 12).

Since the fees are shared equally between the two defendants, the 60% reimbursement available for a settlement before the closure of the written procedure is calculated on half of the fees, that is 30% of the total (paragraphs 13 and 14).

Key points for practice

• Practical point: a partial settlement gives rise to reimbursement only on the share of the fees attributable to the settling defendant, confidentiality of the settlement sum is obtained by lodging a redacted version of the agreement.

Provisions applied

Rules of Procedure

Rules 11.2, 150 to 156, 365.1, 365.2, 365.4 and 370.9(c)(i)

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.