Rule 15 – Fee for the infringement action

1. The claimant shall pay the fixed fee and, where applicable, the value based fee for the infringement action in accordance with Part 6.

2. The Statement of claim shall not be deemed to have been lodged until the fixed fee and, where applicable, the value based fee for the infringement action has been paid, unless otherwise provided.

3. Paragraphs 1. and 2. apply mutatis mutandis to counterclaims concerning licenses.

Relation with Agreement: Articles 36(3), 70 and 71

Case Law

Court of First Instance
 

IPPT20250311, UPC CFI, LD Munich, Syngenta v Sumi Agro
Panel review: order of judge-rapporteur to dismiss application to revoke provisional measures upheld (R. 333 RoP. R. 15 RoP, R. 213(1) RoP). Nothing in R. 213 (1) RoP states or implies that the court fees have to be received by the court in order to start the proceedings. As Syngenta has started the main proceedings and has paid the court fee in due time, the application must be dismissed.

IPPT20241212, UPC CFI, LD Munich, Syngenta v Sumi Agro
Application to revoke provisional measures dismissed (R. 213(1) RoP, R. 15(2) RoP). As the respondents have started the main proceedings and paid the court fee in time the application is to be dismissed.

Relation with Agreement: Articles 36(3), 70 and 71.