Overview · Filed: —
APL_14947/2025
HERBICIDE COMPOSITIONS
AppealsMain AppealCourt of AppealAppeal RoP220.2—
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Rules of Procedure · 5
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| 371.1 | court fees — timing of payment | Binding | R. 371.1 RoP specifies that fixed fees shall be paid at the time of lodging the relevant pleading or application and that the payment shall be made to one of the bank accounts indicated by the Court. |
| 371.4 | court fees — value-based fees | Binding | The same rule applies to the payment of value-based fees (R. 371.4 RoP). |
| 15.2 | court fees — lodging conditioned on payment | Binding | a pleading or application will not be deemed lodged until the court fees have been paid (R. 15.2 RoP). |
| 371.2 | court fees — proof of payment | Binding | This interpretation is confirmed by R. 371.2 RoP, which provides that proof of payment of court fees must be provided together with the relevant pleading or application. |
| 213.1 | provisional measures — obligation to commence main proceedings | Binding | Sumi Agro submits – in summary – that the Munich Local Division adopted an incorrect interpretation of R. 15.2 RoP and R. 213.1 RoP, referring also to Art. 60(8) and Art. 70(2) UPCA and R. 371 RoP. |
EPC article · 2
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| 70 | court fees — timing of payment | Binding | Art. 70(2) UPCA and R. 371.1 RoP: court fees considered paid on time if transfer order given to bank at time of lodging the relevant pleading or application, provided payment is subsequently received. |
| 60 | court fees | Background | referring also to Art. 60(8) and Art. 70(2) UPCA and R. 371 RoP. |
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