Sumi Agro v Syngenta (CoA, 24 December 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

The Court of Appeal allows Sumi Agro Limited and Sumi Agro Europe Limited to withdraw their application for rehearing (Rule 245 RoP) of an order of the Court of Appeal of 3 March 2025, issued in proceedings UPC_CoA_523/2024 against Syngenta Limited (EP 2 152 073). After three stays granted for settlement discussions, the parties had filed a joint application. The Court finds that no costs decision is required and refunds 60% of the fee, namely EUR 1,500 out of EUR 2,500, but refuses the requested fee waiver. The decision clarifies the financial consequences of withdrawing an application for rehearing.

Question

Does the joint withdrawal of an application for rehearing entitle the applicant, beyond the partial refund under Rule 370.9 RoP, to a waiver or full refund of the fee?

Decision

Rule 265.1 RoP applies mutatis mutandis to the withdrawal of an application for rehearing. As the application was joint, the respondent is deemed to have no legitimate interest in a decision (paragraphs 5 and 6). Since both parties waived a costs decision, none is issued (paragraph 7). As the withdrawal came before the closure of the written procedure, 60% of the fee is refunded under Rule 370.9(b)(i) RoP and the remainder of the request is dismissed (paragraph 8). The fee cannot be waived under Rule 250 in conjunction with Rule 245(2)(a) RoP, and whether there was a fundamental procedural defect can only be decided on the application for rehearing itself (paragraph 9).

Key points for practice

• Withdrawing an application for rehearing yields only a partial refund of the fee. Even a joint application does not secure a waiver (paragraphs 8 and 9).

Provisions applied

Rules of Procedure

Rules 245, 250, 265 and 370.9

Related decisions

• Docket Navigator v Syngenta, 19 December 2025, order rejecting a request for access to the files of the same appeal proceedings.

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.