translate English to German: A test case should also be considered on the matter of designation fees; the designation fee of DM 350 could be paid under protest for Luxembourg, the smallest EU country, and then contested as being excessive in both relative and absolute terms. The action would come before the Enlarged Board of Appeal of the EPO if the issue merely concerned whether and to what extent the designation fees are permitted to be used to cover financial deficits actually resulting from inadequate procedural fees or from the retention by the contracting States of an excessive share of the annual fees.
a) Infragestellung des nationalen Rechts zu Art.