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UPC CoA 286/2025

Mar 28, 2025·EP2152073: HERBICIDE COMPOSITIONS

Case details
Status
Case Closed
Action
Appeal
Category
Main Appeal
Parties
Claimants
Reps: Gareth Williams
Respondents
Reps: Jörn Peters
Division
Court of Appeal
Technology
Agriculture
Language
English
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
Document titleDatePublic
Acknowledgement-of-lodging2025-06-26Not public
Headnote-and-Keywords2025-06-23Not public
DecisionOutcome2025-06-23Not public
Final order2025-06-23Public
Hearing reference2025-06-12Not public
Hearing reference2025-06-12Not public
Interim-Procedure-Closure2025-05-07Not public
Summon-Oral-Hearing2025-05-07Not public
Order oral hearing2025-05-07Public
Order oral hearing2025-05-07Public
20250505 - Response to order2025-05-05Not public
Comments pursuant to RoP2642025-05-02Not public
Comments pursuant to RoP2642025-05-02Not public
Preliminary order oral hearing2025-04-28Not public
Interim-Conference-Decision2025-04-28Not public
Acknowledgement-of-lodging2025-04-24Not public
Information on technical issues2025-04-24Not public
Response to the Statement of Appeal2025-04-24Not public
Acknowledgement-of-lodging2025-04-03Not public
Panel-Appointment2025-04-03Not public
Receipt2025-04-03Not public
Formal-checks_Notification-of-positive-outcome2025-04-03Not public
Acknowledgement-of-lodging2025-03-28Not public
Exhibit SA-202025-03-28Not public
Sumi Agro Statement and Grounds of Appeal2025-03-28Not public
Exhibit SA-192025-03-28Not public