Rule 295

Stay of proceedings

Rules of Procedure

Part 5 – General provisions

Chapter 4 – Stay of proceedings


Rule 295 – Stay of proceedings

The Court may stay proceedings:

(a) where it is seized of an action relating to a patent which is also the subject of opposition proceedings or limitation proceedings (including subsequent appeal proceedings) before the European Patent Office or a national authority where a decision in such proceedings may be expected to be given rapidly;

(b) where it is seized of an action relating to a supplementary protection certificate which is also the subject of proceedings before a national court or authority;

(c) where an appeal is brought before the Court of Appeal against a decision or order of the Court of First Instance:

  1. disposing of the substantive issues in part only;
  2. disposing of an admissibility issue or a Preliminary objection;

(d) at the joint request of the parties;

(e) pursuant to Rule 37;

(f) pursuant to Rules 75 and 76;

(g) pursuant to Rule 118;

(h) pursuant to Rule 136;

(i) pursuant to Rule 266;

(j) pursuant to Rules 310 and 311;

(k) pursuant to Rule 346;

(l) to give effect to Union law, in particular the provisions of Regulation (EU) No 1215/2012 and the Lugano Convention;

(m) in any other case where the proper administration of justice so requires.

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