Rule 14 – Use of languages under Article 49(1) and (2) of the Agreement

1. Without prejudice to Articles 49(3) to (6) of the Agreement and subject to paragraph 2 and Rules 271.7, 321 to 323, proceedings shall be conducted:

(a) in the official language or one of the official languages designated as language(s) of proceedings pursuant to Article 49(1) of the Agreement; or

(b) in a language designated as language of proceedings by a Contracting Member State pursuant to Article 49(2) of the Agreement.

2. Where a Contracting Member State hosts a local division or participates in a regional division for which several languages have been designated pursuant to Article 49(1) and/or Article 49(2) of the Agreement:

(a) subject to paragraphs 2(b) and (c), the claimant may choose as the language of proceedings any of the language(s) designated pursuant to Article 49(1) and/or Article 49(2) of the Agreement;

(b) in proceedings before a local or regional division in a Contracting Member State against a defendant who has his domicile or principal place of business in that Contracting Member State where the action could not be brought pursuant to Article 33(1)(a) of the Agreement before any other local or regional division, proceedings shall be conducted in the official language of the Contracting Member State (paragraph 1(a)). Where a designation by a Contracting Member State having several official regional languages so indicates, proceedings shall be conducted in the official language of the region in which the defendant has his domicile or principal place of business. Where there are two or more such defendants whose domicile or principle place of business has different regional languages, the claimant may choose the language from the regional languages in question. Where a designation by a Contracting Member State having several official languages so indicates, proceedings shall be conducted in the official language of the defendant. Where there are two or more such defendants with different official languages, the claimant may choose the language from the official languages in question.

(c) Where a designation of a language under Article 49(2) of the Agreement for a regional division or for one or more local division(s) hosted in a Member State so indicates, the judge-rapporteur may order in the interest of the panel to provide that judges may use in the oral proceedings the language according to paragraph 1(a) and/or to provide that the Court may make any order and deliver any decision in the language according to paragraph 1(a) together with a certified translation for the purpose of Rule 118.8 into the language according to paragraph 1(b).

3. The Registrar shall maintain a list of languages communicated by Contracting Member States pursuant to Article 49(1) and Article 49(2) of the Agreement as well as designations by Contracting Member States made pursuant to paragraph 2(b) and (c). The list shall be made publically available online.

4. The Registrar shall return any pleading lodged in a language other than the language of proceedings.

Case Law:

IPPT20240823, UPC CFI, President, Maxeon Solar v Aiko Energy 
Change of language from German to English (the language of the patent) granted (Article 49 UPCA). English language application to change the language of the proceedings from German to English declared admissible (Rule 7.1 RoP, Rule 14.4 RoP, Rule 323 RoP). According to R. 7.1 RoP, it is within the Court’s discretion to decide on a case-by-case basis whether an application lodged in a different language under R. 323 RoP should be rejected. 

IPPT20240712, UPC CFI, LD Düsseldorf, Seoul Viosys v epert e-Commerce
Inappropriate to order simultaneous translation into English in this case. (Article 49 UPCA, Rule 109 RoP, Rule 14 RoP). Costs of ordered translation are procedural costs which the other party may have to bear depending on the outcome of the proceedings. Plaintiff was free to decide in favour of conducting the proceedings in English when the action was filed.Plaintiff authorized to hire an interpreter at its own expense.

IPPT20240423, UPC CFI, LD Düsseldorf, 10x Genomics v Curio Bioscience
By way of exception the order of 30 April 2024 will be in German, accompanied by a certified English translation. (Article 49 UPCA, Rule 14(2)(c) RoP, Rule 118(8) RoP) After change of the language of the proceedings into English by the Court of Appeal at 17 April 2024, exceptional use is made of the possibility for German Local Divisions to issue and deliver an order in German together with a certified translation in order to make effective use of preparatory work and not to delay the proceedings unnecessarily.