2025-06-26 - LD Hamburg - Easee et al. v. Easee et al. - UPC_CFI_525/2024; UPC_CFI_14/2025
- Aktenzeichen:
- UPC_CFI_525/2024; UPC_CFI_14/2025
- Datum:
- Spruchkörper:
- Court of First Instance - Hamburg (DE) Local Division
- Art:
- Application Order
- Parteien:
- Easee B.V., Yves Prevoo, Easee Holding B.V.
Kernaussage: 1.
2025-06-26 - LD Hamburg - Easee et al.
v.
Easee et al. - UPC_CFI_525/2024; UPC_CFI_14/2025
1. In case of the insolvency of a party the party’s representative is still able to file the stay application under Rule 311.1 RoP.
2. A stay according to R. 311 RoP is generally a stay of the proceedings as a whole.
3. Due to the stay of the proceedings an obligation to provide a security according to R. 158 RoP is suspended.
4. The Local Division's power to revoke a case management order under R. 335 RoP is suspended when an appeal is lodged against the contested order.
The Hamburg Local Divsion stayed the proceedings due to a party's insolvency, clarifying that the corresponding application under Rule 311 could still be filed by the party's representative despite of the ongoing insolvency proceedings. The Court further clarified that the stay also suspended the obligation to provide a security and that it could not revoke the respective order as it was currently pending before the Court of Appeal.
Stichwörter
Insolvency of a party; Stay of proceedings R. 311 RoP; Security for costs, Art. 69 (4) UPCA, R. 158 RoP; Revoke an order, R. 335 RoP