UPC Court of Appeal: Stay of proceedings in the event of insolvency

In accordance with the principle of procedural and cost efficiency as well as the principle of fair balance of legitimate interests of the parties – both of which have to be taken into account when interpreting RoP Art 41(3) EPC – the proceedings under R 311.1 RoP shall not be stayed if a party is declared insolvent only after the conclusion of the oral proceedings and after the dispute is ready for decision (UPC February 26, 2024, CoA 335/2023).