Case Law
Rule 213: Revocation of provisional measures

Court of First Instance - Munich (DE) Local Division, Order dated 11/03/2025, Syngenta Limited (Case/ Registry number: App_2747/2025, ORD_11873/2025)
Example of decision on timely payment sufficing for lodgement: "Furthermore, Rule 213 (1) RoP states that the applicant must " start proceedings on the merits". The wording of the rule clearly states that it is sufficient to " start " the proceedings on the merits. In other words, to start something means to begin with it. The start of the proceedings on the merits means that the statement of claim is filed in the CMS. 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."

Court of First Instance - Munich (DE) Local Division, Order dated 12/12/2024, Sumi Agro Limited, Sumi Agro Europe Limited (Case/ Registry number: UPC_CFI_201/2024, ORD_65555/2024)
Example of decision on starting of the proceedings: "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."