UPC-CFI-0000999/2025

Under Rule 265.1 RoP, a claimant may request withdrawal while no final decision has been issued, but the court must hear the other party and must refuse withdrawal if that party has a legitimate interest in a decision on the action.

When withdrawal is allowed, the court must declare the proceedings terminated and order entry of the decision in the Register.

Under Rule 370.9(b)(i) RoP in the version applicable until 31 December 2025, the party liable for court fees received a 60% refund when a Rule 265 withdrawal occurred before completion of the written procedure.

For a Rule 265 withdrawal before completion of the written procedure, Rule 370.9(b) RoP as in force from 1 January 2026 provides a 50% refund, and its temporal applicability is determined by the filing date of the withdrawal and refund request rather than by the date of fee-triggering applications or proceedings.