- in European Union
- in European Union
1. Key takeaways
No waiver of court fees in the context of an application for withdrawal
In principle, pursuant to Rule 250 RoP, the court may waive
payment of the fee for a rehearing in the circumstances
contemplated by Rule 245.2(a) or (b) RoP (fundamental procedural
defect or criminal offence). However, it can only be decided in the
context of a decision
on an application for a rehearing whether there is a fundamental
procedural defect, not in the context of a decision on an
application for a withdrawal of such an application.
2. Division
Court of Appeal, Panel 1
3. UPC number
UPC_CoA_523/2024
4. Type of proceedings
Application for rehearing
5. Parties
Sumi Agro Limited, Sumi Agro Europe Limited (both Applicants); Syngenta Limited (Respondent)
6. Patent(s)
EP 2 152 073
7. Body of legislation / Rules
Rule 265, 250, 245 RoP
Decision_Withdrawal_Sumi vs Syngenta_UPC_CoA_523-2024 PB Download
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
