Telefonaktiebolaget LM Ericsson v Shenzhen Transsion (CFI, UPC_CFI_710/2026, 14 September 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In a decision of 14 September 2026, the Paris Central Division permitted Telefonaktiebolaget LM Ericsson to withdraw its infringement actions (UPC_CFI_1571/2025 and UPC_CFI_710/2026, EP 3 672 085 and EP 3 659 314) following a settlement with Shenzhen Transsion, and closed both proceedings. The interest lies in the refund of court fees: the division applied Rule 370.9 as in force since 1 January 2026 (50%), then cut the rate to 35% on account of the claimant’s procedural conduct.

Question

What share of the court fees should be refunded to a claimant withdrawing before the written procedure closes, and may that share be reduced in light of how the proceedings were conducted?

Decision

The withdrawal reflects the parties’ common will. Defendants 8 and 9, which did not respond, were deemed to agree, and no costs decision was needed since each party bears its own costs (paragraphs 4 to 6). The amended Rule 370.9 applies because the request was filed after 1 January 2026 (paragraphs 7 to 10). As the refund should remain proportionate to the work the Court has already done, the division found exceptional circumstances under Rule 370.9(e): parallel proceedings before several divisions, a request that The Hague take the lead on FRAND issues, and numerous applications, including on confidentiality (paragraphs 11 and 12). The refund was reduced to 35% (paragraph 13) and the value set at EUR 4 million per action (paragraph 14).

Key points for practice

• A fee refund on withdrawal is not automatic: a strategy of parallel proceedings and a heavy volume of applications may lead the Court to reduce it (paragraphs 11 to 13).

Provisions applied

Rules of Procedure

Rules 265, 302 and 370.9

Other provisions

Administrative Committee decision of 4 November 2025 amending the table of court fees

Case law cited

VMR Products v NJOY Netherlands, Court of Appeal, 9 January 2026, DexCom v Abbott, Court of Appeal, 24 January 2025, 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.