Case Law
Rule 370: Court fees

Court of First Instance - Düsseldorf (DE) Local Division, Order dated 03/07/2024, Abbott Diabetes Care Inc. (Case/ Registry number: App_39459/2024, ORD_39595/2024)
Example of decision on partial reimbursement of Court fees after a settlement between parties in relation to an application for provisional measures: "If the parties have terminated the proceedings by settlement, the party liable to pay the court fees shall, upon reasoned Application, be reimbursed the court fees (R. 370. 9 (c) (iii) RoP in conjunction with R. 370.11 RoP). Such reimbursement is not precluded by the fact that the present proceedings concern an Application for provisional measures. Although the wording of the English version of Rule 370.9 (c) RoP speaks of an “action”, the German version is more sophisticated (“Verfahren”). The same applies to the French version (“affaire”). In addition, the possibility of partial reimbursement of court fees is intended to motivate the parties to end the proceedings as early as possible by concluding a settlement. This intention is present not only in proceedings on the merits but also in an Application for provisional measures."