Topics: Art. 41(3) UPCA
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CoA Luxembourg, 26 February 2024, procedural order on application to stay, UPC_CoA_3352023
No stay of proceedings if party was declared insolvent after the oral hearing had concluded and the legal dispute was ready for a decision, R. 311.1 RoP, Art. 41 (3) UPCA: A court shall stay the proceedings if a party is declared insolvent, R.311.1. However, the Rules must be interpreted in accordance with Art. 41(3)…
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Court of Appeal, February 26, 2024, order on stay of proceedings after insolvency, UPC_CoA_335/2023
Proceedings are not required to be stayed under Rule 311.1, 1st sentence RoP, if a party is declared insolvent only after the oral proceedings have concluded and the dispute is ready for a decision: This is in accordance with the principles of procedural economy and cost efficiency as well as a fair balance between the…
3 min Reading time→
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