Article 42

Proportionality and fairness

1.   The Court shall deal with litigation in ways which are proportionate to the importance and complexity thereof.

2.   The Court shall ensure that the rules, procedures and remedies provided for in this Agreement and in the Statute are used in a fair and equitable manner and do not distort competition.

Case Law

IPPT20250108, UPC CFI, CD Paris, Meril v SWAT
Incorrect citation of the legal grounds does not relieve the Court of its obligation to consider the motion where it is possible to identify the correct legal grounds based on the legal arguments and factual grounds put forward by the applicant in support of the application [Article 42(2) UPCA, Article 76 UPCA].

IPPT20241227, UPC CFI, CD Paris, Microsoft v Suinno - I
The incorrect citation of the legal provisions upon which the application is grounded does not relieve the Court of its obligation to consider the motion where it is possible to identify the correct legal grounds based on the legal arguments and factual grounds put forward by the applicant in support of the application. This is what occurs in the situation at hand.[Article 42(2) UPCA, Article 76 UPCA]

IPPT20240806, UPC CFI, LD Munich, Qufora v Sauer
No waiver translation requirements, given that the panel as a whole lacks the necessary language skills with regard to the original German-language documents (Article 51(1) UPCA, Article 42 UPCA, Rule 7(1) RoP). Art. 51 (1) UPCA is based on the idea of a flexible and efficient procedural organisation, whereby an appropriate balance must be struck between the interests of the parties, taking into account the principle of proportionality (recital 5 of the preamble to the UPCA; Art. 42 UPCA). Whether such a waiver is appropriate is determined by the specific circumstances of the individual case. A comprehensive balancing of interests must take place. In particular, the language skills of the parties and their representatives and the language skills of the panel must be taken into account. The volume, the length or the quantity and the nature of the documents in question and their relevance to the proceedings is also of relevance. Other aspects may also be relevant in individual cases.