Syngenta Limited v. Sumi Agro Limited and Sumi Agro Europe Limited, UPC Local Division Munich, 12 December 2024, Reference numbers: UPC_CFI_201-2024
Summary
The Applicant (Syngenta) applied for an order revoking provisional measures, on the basis that proceedings on the merits had not been commenced within the time period mandated by Rule 213.1 RoP. This argument relied on the proposition that the date on which proceedings were started was the date on which both the Statement of Claim had been uploaded to the CMS and the relevant court fee paid.
However, the Court held that what was required by Rule 213.1 RoP was that proceedings on the merits were started. Starting something meant to begin with. Therefore starting proceedings on the merits meant that the Statement of Claim had to be filed with the CMS. Nothing in the rule required the court fees to have been received by the Court. The Application was therefore dismissed.
A copy of the Order can be read here.
