UPC-CFI-0001571/2025

In a withdrawal decision under Rule 265 ‘RoP’, the Court treated the withdrawal’s reflection of the joint will of the parties as the relevant basis for its decision.

A separate costs decision is unnecessary where the parties agree to bear their own costs and confirm that separate proceedings for a cost decision are unnecessary.

For a withdrawal and reimbursement application submitted after 1 January 2026, the amended Rule 370.9 ‘RoP’ provision governs reimbursement under the decision’s stated transitional framework.

Under the amended Rule 370.9 ‘RoP’, withdrawal before closure of the written procedure ordinarily results in reimbursement of 50% of the court fees to the party liable for those fees.

Rule 370.9(e) ‘RoP’ permits the Court, in exceptional cases, to refuse or reduce reimbursement, taking into account the stage of the proceedings and the party’s procedural behaviour.