Sumi Agro Europe v Syngenta (CoA, 23 June 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 23 June 2025, the Court of Appeal dismisses Sumi Agro’s appeal against the Munich Local Division’s order of 11 March 2025 refusing to revoke the provisional measures granted to Syngenta on the basis of EP 2 152 073 (UPC_CoA_286/2025). Sumi Agro argued that the proceedings on the merits had not been started in time, as the Court received the court fee only on 30 September 2024. The Court of Appeal lays down a general rule on when court fees count as paid, relevant to any time limit that depends on payment.

Question

Are court fees paid in time where the transfer order is given to the bank on the day the pleading is lodged but the amount reaches the Court only on the next working day?

Decision

Art. 70(2) UPCA and Rule 371.1 are to be interpreted as meaning that fees are paid in time if the transfer order is given to a bank when the pleading is lodged, provided the payment is subsequently received (paragraphs 11 and 12). The lodging party can thus check compliance and use the full time limit without depending on bank processing times (paragraphs 13 and 15), the requirement to file proof of payment with the pleading (Rule 371.2) points the same way (paragraph 14). Fees never received are not deemed paid (paragraph 16). Syngenta gave its transfer order on 27 September 2024, the day it lodged its statement of claim, so Sumi Agro’s argument fails (paragraphs 17 and 18). Sumi Agro bears the costs of the appeal (paragraph 20).

Key points for practice

• The date of the transfer order, not the date funds are received, determines when court fees are paid, provided they are actually received.
• Practical point: a party lodging a pleading on the last day of a time limit should give the transfer order the same day and file proof of it.

Provisions applied

Agreement on a Unified Patent Court

Art. 69(1) and Art. 70(2)

Rules of Procedure

Rules 15.2, 213.1 and 371

Related decisions

• Sumi Agro Europe v Syngenta, 27 August 2024, provisional measures order.
• Sumi Agro Europe v Syngenta, 4 March 2025, decision dismissing the appeal against the provisional measures.
• Syngenta, 11 March 2025, order refusing to revoke the measures, under appeal.

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.