Key takeaways
No waiver of court fees in the context of an application for withdrawal
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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.
Division
Court of Appeal, Panel 1
UPC number
UPC_CoA_523/2024
Type of proceedings
Application for rehearing
Parties
Sumi Agro Limited, Sumi Agro Europe Limited (both Applicants); Syngenta Limited (Respondent)
Patent(s)
EP 2 152 073
Body of legislation / Rules
Rule 265, 250, 245 RoP
