UPC CoA, 1 December 2025 , Language of proceedings: the parties themselves must be able to fully understand.
14-01-2026 Print this page
Appeal to change the language back to German dismissed. (Article 49(5) UPCA, R. 323.3 RoP.)
A party must be able to fully understand what is submitted by a representative on its behalf and what is submitted by the other party. It follows that, if the language of the proceedings is not the language of a party, this is not compensated by the fact that its representative is proficient in the language of the proceedings. The party itself is then still dependent on translations of the statements and evidence lodged on either side. It cannot be accepted that machine translations, even if not always accurate, are sufficient for this purpose.
The Court of Appeal has consulted the panel of the Local Division by way of analogy with R. 323.3 RoP.
If there has already been a change in the language of the proceedings at an early stage, it is prudent not to change the language again.
