Key takeaways
It follows from R. 15(2) RoP that it is sufficient that the court fees have been paid for the statement of claim to be deemed to have been lodged.
Neither the English nor the German nor the French version state that the fee “has been received by the court”. The wording in all languages clearly state that it is sufficient that the court fees have been paid for the statement of claim to be deemed to have been lodged (per se and not when: R. 15 (2) RoP does not stipulate the date of filing).
The wording of R. 213(1) RoP unambiguously states that the “start” of the proceedings on the merits is sufficient.
Rule 213 (1) RoP states that applicant has to “start” proceedings on the merits. The wording of the rule unambiguously states that the “start” of the proceedings on the merits is sufficient. Starting something in other words means to begin with. Starting the proceedings on the merits means that the statement of claim is filed in the CMS and the court fees have been paid. However, nothing in R. 213 (1) RoP states or implies that for the start of the proceedings the court fees also need to received by the Court.
Division
Local Division Munich
UPC number
UPC_CFI_201/2024
Type of proceedings
Order
Parties
APPLICANT:
Syngenta Limited
RESPONDENTS:
1) Sumi Agro Limited
2) Sumi Agro Europe Limited
Patent(s)
EP 2 152 073
Body of legislation / Rules
Rule 15(2), 213(1) RoP
