In accordance with the principles of procedural economy and cost efficiency as well as a fair balance between the legitimate interests of the parties, which must be considered in the interpretation of the Rules of Procedure pursuant to Article 41(3) UPCA, the proceedings are not required to be stayed under Rule 311.1, first sentence RoP, if a party is declared insolvent only after the oral proceedings have concluded and the dispute is ready for a decision.
Case date: 26 February 2024
Case number: CoA 335/20236653/2024576355/20236601/2024
Court: UPC Court of Appeal, Luxembourg
A full summary of this case has been published on Kluwer IP Law
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PDF of the decision is here:
https://www.unified-patent-court.org/sites/default/files/upc_documents/6601-Anordnung%20-%20AussetzungEN.final_.pdf