In(k)control BV v. Esko-Graphics BV and Esko Software BV, UPC CFI Brussels Local Division, 3 September 2026, Case no. UPC_CFI_871/2026
Resumption of stayed proceedings. Interpretation of R. 296.3 RoP: ‘time shall begin to run afresh’. ‘Interruption’ (‘stuiting’) versus ‘suspension’ (‘opschorting’).
According to the Brussels Local Division, ‘time shall begin to run afresh’ in R. 296.3 RoP does not mean that, upon resumption of stayed proceedings, the full original time limit starts again in full. Rather, the previously suspended time limit resumes, taking into account the portion of the time limit that had already elapsed before the stay.
R. 296.3 RoP:
While proceedings are stayed, time shall cease to run for the purposes of procedural periods. Time shall begin to run afresh for the purposes of procedural periods from the date on which the stay of proceedings comes to an end.
Comment
Different UPC divisions have interpreted R. 296.3 RoP differently. The divergent approaches among UPC divisions may ultimately require clarification by the Court of Appeal.
The Order (in Dutch) can be read here.
