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Overview · Filed:

APL_51115/2024

HERBICIDE COMPOSITIONS

AppealsMain AppealCourt of AppealAppeal RoP220.1
This case cites
Authorities cited within the decisions on file for this case.

Rules of Procedure · 4

TargetLegal pointStrengthExcerpt
213.2provisional measures — compensation if revokedBindingWhere provisional measures are revoked … the Court may order the applicant to provide appropriate compensation for any injury caused by those measures (R. 213.2 RoP).
354.2compensation where enforceable decision varied or revokedBindingPursuant to R. 354.2 RoP, where during an action an enforceable decision or order of the Court is subsequently varied or revoked, the Court may order the party which has enforced such decision or order … to provide appropriate compensation
211.5provisional measures — discretion on securityBindingthe Court has discretion ('may' in R. 211.5 RoP, first sentence, referred to above) for provisional measures when the defendant is heard (inter partes).
118.5costs decisionBindingA cost decision should be issued in the proceedings for provisional measures, since it concludes the action.

EPC article · 1

TargetLegal pointStrengthExcerpt
34territorial scope of injunction — accession of new UPC stateBindingThere are no transitional rules connected to Art. 34 UPCA. When a UPC Signatory State ratifies and accedes, the application of Art. 34 UPCA should be automatic and not subject to limitations, from the day of accession.
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