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APL 14947/2025

·EP2152073: HERBICIDE COMPOSITIONS

Case details
Status
Action
Appeal
Category
Main Appeal
Parties
Claimants
Reps: Jörn Peters (Fieldfisher Partnerschaft von Rechtsanwälten mbB)
Respondents
Reps: Gareth Williams (Marks & Clerk LLP / Bardehle Pagenberg Partnerschaft mbB)
Division
Court of Appeal
Judges
Technology
Agriculture
Language
First decided
Jun 23, 2025
Decisions
  • 2025-06-23
    DismissedAppeal 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