CoA, May 28, 2024, Order, UPC_CoA_22/2024

1. Key takeaways

Regularly proceedings must be conducted in a way, which will allow the final oral hearing at first instance to take place within one year. As a general principle, the Court will not stay proceedings

Art. 33.10 UPCA and R. 295.a RoP must be applied and interpreted in accordance with the fundamental right to an effective legal remedy and a fair and public hearing within a reasonable time as guaranteed by Art. 6 ECHR and, to the extent that EU Law is concerned, Art. 47 of the Charter. These provisions must also be applied and interpreted in accordance with Art. 41.3, 42 and 52.1 UPCA on the basis of the principles of proportionality, flexibility, fairness and equity (point 2 of the Preamble of the RoP).