UPC CoA 286/2025

At the UPC: Sumi Agro Europe Limited (9 cases)·Syngenta Limited (9 cases)

• 2025-06-23
  Appeal RoP220.2Public

  Summary: 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.

  Show the legal issues (3)

  • Time of payment of court fees (Art. 70(2) UPCA / R. 371.1 RoP) – bank transfer order vs. receipt
  • Application for revocation of provisional measures
  • Appeal of refusal to revoke provisional measures