UPC President of First Instance, 16 January 2024: English language application to change the language of the proceedings from German to English granted
25-01-2024 Print this page
Language of proceedings (German) changed to language of the patent (English) (article 49 UPCA, Rule 323 RoP).
It may be sufficient that – amongst all relevant circumstances also to be considered – the language initially chosen is significantly detrimental to the Applicant (UPC CFI 225/2023 LD The Hague, order of 18 October 2023).
The respective position of both parties is likely to create a significant imbalance in the way they can organise their defense and access to the Court although they are equally confronted with a foreign language they don’t use in their respective daily activities.
Application in English to change the language of the proceedings (from German to English) accepted. Court to decide on case-by-case basis whether an application pursuant to Rule 323 RoP is allowed to be lodged in a different language is to be rejected or not.
