T 0214/83 (Giro payment) of 03.09.1984
- European Case Law Identifier
- ECLI:EP:BA:1984:T021483.19840903
- Date of decision
- 3 September 1984
- Case number
- T 0214/83
- Petition for review of
- -
- Application number
- 78200369.3
- IPC class
- -
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- -
- Applicant name
- Stamicarbon (SIGMA)
- Opponent name
- SIGMA
- Board
- 3.3.01
- Headnote
A legal situation equivalent to entry of a payment in an account held by the EPO within the meaning of Article 8(1)(a) of the Rules relating to Fees also exists - as in the case of Decision J 26/80 of 13 November 1981 (OJ 1/1982, p.7) - where the payment of the opposition fee is made at a bank or post office in which the EPO has an account in due time, and thereby fulfils conditions under national law whereby the payer can neither revoke the payment nor can it be antedated, and where (as in the present case) evidence was provided in the form of a declaration by the opponent's professional representative within the opposition period, accompanied by a photocopy of the payment receipt stamped by the Post Office.
- Relevant legal provisions
- Rules relating to fees Art 8(1)
- Keywords
- Date to be considered as the date on which payment is made
Evidence of payment in due time
Giro payment - Catchword
- -
- Cited cases
- -
ORDER
For these reasons, it is decided that:
1. The contested decision is set aside and the case remitted to the Opposition Division for further prosecution.
2. The opposition fee is declared to have been paid in due time.
3. The request for reimbursement of the fee for appeal is refused.