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Rules of Procedure of the Unified Patent Court (RoP)

Rule 311

Insolvency of a party

  1. If a party is declared insolvent under the law applicable to the insolvency proceedings the proceedings may be stayed until the competent national authority or person dealing with the insolvency has decided whether to continue the proceedings or not.
  2. The claimant may withdraw the action against an insolvent defendant in accordance with Rule265 and a defendant may withdraw a Counterclaim for revocation against an insolvent claimant. Such withdrawal shall not prejudice the action against other parties.
  3. Any costs order in favour of an insolvent party under Rule 156 shall be payable to the competent national authority or person dealing with the insolvency.

  4. If proceedings are continued, the effect of a decision of the Court as regards the insolvent party in the action shall be determined by the said law.

Notes

Status: 15th draft of 31st May 2013