View all cases
APL 14947/2025
—·EP2152073: HERBICIDE COMPOSITIONS
- Case details
- Status—ActionAppealCategoryMain Appeal
- Parties
- RespondentsReps: Gareth Williams (Marks & Clerk LLP / Bardehle Pagenberg Partnerschaft mbB)
- Division
- Court of Appeal
- Judges
- Klaus Grabinski · President of the Court of Appeal
- Peter Blok · Legally Qualified Judge and Rapporteur
- Emanuela Germano · Legally Qualified Judge
- Technology
- Agriculture
- Language
- —
- First decided
- Jun 23, 2025
Decisions
- 2025-06-23DismissedAppeal decisionAppeal RoP220.2
Court of Appeal (Panel with President Grabinski) dismissed Sumi Agro Limited and Sumi Agro Europe Limited's appeal against a Munich Local Division order that had refused to revoke provisional measures granted to Syngenta Limited concerning EP 2 152 073 (a crop protection patent). The appeal concerned the timing of payment of court fees: the Court of Appeal held that fees are considered paid on time when a bank transfer order is given at the time of filing, not when the bank account actually receives the funds. On the merits, the court confirmed the first-instance cost decision. Sumi Agro was ordered to bear the costs of the appeal.
Legal issues:Time of payment of court fees (Art. 70(2) UPCA / R. 371.1 RoP) – bank transfer order vs. receiptApplication for revocation of provisional measuresAppeal of refusal to revoke provisional measures
Documents
- 8607384EA0498BDC86A403D6E4E163B9_en.pdf2025-06-23EN