Seoul Semiconductor v Amazon Services Europe S.à r.l. (CFI, 12 August 2024)

Dhenne Avocats · 30 October 2026

Our analysis

Summary

By decision of 6 August 2024, the Düsseldorf Local Division permits Seoul Semiconductor to withdraw its infringement action against Amazon Services Europe concerning EP 3 339 920 B1, following a settlement between the parties. It records their costs agreement, sets the value of the dispute at five hundred thousand euros and orders the reimbursement of sixty per cent of the court fees, that is six thousand six hundred euros.

Facts and procedure

The infringement action had been lodged on 24 May 2024. After the time limits for the objection and for the statement of defence had been extended several times with the claimant’s consent, the claimant withdrew on 2 August 2024 following an out-of-court settlement, asking the Court to confirm the parties’ costs agreement, under which each side bears its own costs and the claimant bears the court fees, and to order the reimbursement of sixty per cent of those fees. The defendant consented to the withdrawal.

The applicable law

The partial reimbursement of court fees rests on Rule 370.11 of the Rules of Procedure, read with Rule 370.9(b)(i).

Question

Could the withdrawal following a settlement be permitted, and to what extent were the court fees to be reimbursed?

Decision

The withdrawal is permitted on the claimant’s application and with the defendant’s consent, the proceedings are declared closed and the decision is entered on the Register. The court fees remain with the claimant and each party bears its own out-of-court costs, no cost decision being required since the parties waived any request. The Registrar is instructed to reimburse without delay sixty per cent of the court fees paid, that is six thousand six hundred euros, and the value of the dispute is set at five hundred thousand euros.

Key points for practice

• A settlement takes the form of a permitted withdrawal where the other side consents, and the parties’ costs agreement is carried into the decision.
• The reimbursement rate has changed: sixty per cent under Rule 370.9(b)(i) as applied here in 2024, while the rule as amended on 1 January 2026 now leads to half of the fee being returned.
• The value of the dispute is set in the closing decision, which fixes the basis for recoverable costs even on withdrawal.

Provisions applied

Rules of Procedure

Rules 370.9(b)(i) and 370.11

Related decisions

• Beko Germany v Dolby International (CoA, 9 October 2026), applying the amended Rule 370.9 and returning half of the fee.

Only the official text is authentic.