Stay of proceedings
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:
- disposing of the substantive issues in part only;
- 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.
Relation with Agreement:
Relation with Statute:
Linking to this rule:
Rule 76 – Actions for declaration of non-infringement within Article 33(6) of the Agreement
Rule 136 – Stay of the Application for a determination of damages
Rule 298 – Accelerated proceedings before the European Patent Office