2025-06-23 - CoA - Sumi Agro v. Syngenta - UPC_CoA_286/2025
- Aktenzeichen:
- UPC_CoA_286/2025
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Appeal Decision
- Parteien:
- Sumi Agro Europe Limited, Sumi Agro Limited v. Syngenta Limited
Kernaussage: Art.
2025-06-23 - CoA - Sumi Agro
v.
Syngenta - UPC_CoA_286/2025
Art. 70(2) UPCA and R. 371.1 RoP must be interpreted such that court fees are considered paid on time if an order to transfer the due amount to the Court’s bank account has been given to a bank at the time of lodging the relevant pleading or application, provided the payment is subsequently received in the Court’s bank account.
The Court of Appeal dismissed an appeal against an order that rejected the application to revoke provisional measures due to an alleged late payment leading to an allegedly late commencement of proceedings on the merits. The CoA confirmed the CFI's position and clarified that the decisive moment for the payment of court fees was the time at which the order for the payment was made as long as the payment was later received by the court. The Court stated that this interpretation of Article 70 UPCA and Rule 371.1 RoP was necessary so that the party could safely determine the correct timing as the execution of the payment was outside of their control. Additionally, the party making the payment must have the full time to deliberate whether to initiate proceedings or not which would not be the case if the payment had to be conducted earlier than at the end of the deadline.
Stichwörter
Application for the revocation of provisional measures, Time of payment of court fees, Appeal