Rule 310 – Death or demise of a party

1. If a party dies or ceases to exist during proceedings, the proceedings shall be stayed until such party is replaced by his successor. The Court may specify a period in this respect.

2. If there are more than two parties to the proceedings, the Court may decide that:

(a) proceedings between the remaining parties be continued separately; and

(b) the stay shall only concern the proceedings regarding the party that no longer exists.

3. If the successor of the party that died or ceased to exist does not continue the proceedings of his own motion, within a period specified by the Court, any other party may apply to have the successor added to or substituted for a party.

4. The Court shall decide who shall be added or substituted as a party pursuant to Rule 305 and 306 shall apply mutatis mutandis.

Case Law

Court of First Instance

IPPT20250107, UPC CFI, LD Munich, Sanofi v Accord
Change in parties (R. 305 RoP, R. 306 RoP, R. 310 RoP). Sanofi-Aventis France, which ceased to exist, is replaced by Sanofi Winthrop Industrie. As Sanofi Winthrop Industrie is already party to the proceedings this replacement has no consequence on proceedings. Sanofi Winthrop Industrie is bound by the proceedings as now constituted. Since it is undisputed that Sanofi Winthrop Industrie succeeded Sanofi-Aventis France from the moment Sanofi-Aventis France ceased to exist, there is no need to order a formal stay. It is sufficient to order that Sanofi-Aventis France be replaced by Sanofi-Aventis France. Since this decision may be reversed, Claimant No 2 shall be designated "Sanofi Winthrop Industrie as successor to Sanofi-Aventis France" in addition to Claimant No 2, which remains "Sanofi Winthrop Industrie".