J 0024/86 (Cash payment to Post Office) of 13.02.1987

1. If the actual date of entry of a payment is after expiry of a time limit for such payment but, at a date earlier than the actual date of entry of the payment and within the time limit, a situation exists which is legally equivalent to an entry of the payment into such account, then for the purpose of Article 8(1)(a) of the Rules relating to Fees, such earlier date should be considered as the date on which the amount of the payment is entered into the account held by the Office (Decisions J 26/80, OJ EPO 1/1982, page 7, T 214/83 Giro payment/Sigma OJ EPO 1/1985, page 10 and J 05/1984, Computer Fault/Rippes OJ EPO 1985, page 306, followed).

2. It is not necessary that evidence to establish such legal equivalence is received by the EPO before expiry of the time limit.

3. The question whether or not in a particular case the situation at the earlier date was legally equivalent to entry of the payment into the account held by the Office must be decided on an objective basis having regard to the particular facts of the case and without regard to the subjective intention and conduct of the party concerned (Decision J 05/84 "Rippes", explained).