Key takeaways
Unsolicited submissions in a language change application are generally inadmissible to ensure a rapid decision (headline 1)
A rapid decision on a language-change request benefits both parties and case management. Submissions not foreseen by R. 323.2 RoP and filed without prior authorisation are inadmissible and will be disregarded.
A language-change application under Art. 49(5) UPCA and R. 323 RoP may be filed before the Statement of Defence; R. 19.2(a) RoP service formalities do not apply
Art. 49(5) UPCA does not require the language change application to be included in the Statement of Defence. R. 323.3 RoP must be interpreted to allow earlier filing, ensuring any language change is implemented as soon as possible.
R. 19(c) RoP, permitting preliminary objections on the language of the Statement of Claim, is limited to R. 14 RoP (Art. 49(1) and (2) UPCA). An application under R. 323 RoP is based on the distinct mechanism of Art. 49(5) UPCA and is therefore not subject to R. 19.2(a) RoP.
When deciding on a language change, the parties’ size and domicile can outweigh the advantage of using the patent’s language, even if common in the technology field (headline 2)
The President of the Court dismissed the application under Art. 49(5) UPCA and R. 323 RoP to change the language of the proceedings from Dutch (chosen by the claimant) to English, the language of the patent:
A significant disparity in size between a small enterprise claimant and a large multinational defendant was a decisive “specific circumstance” that supported denying the defendant’s request to change the language.
The shared domicile of all parties in the same linguistic territory was a valid reason to maintain the local language, as the defendant failed to demonstrate any significant disadvantage.
Division
Local Division Brussels
UPC number
UPC_CFI_871/2026
Type of proceedings
Application to change the language of the proceedings (R. 323 RoP)
Parties
Applicants (Defendants in main proceedings): Esko-Software BV and Esko-Graphics BV
Respondent (Claimant in main proceedings): In(k)control BV
Patent(s)
EP 3 841 735
Jurisdictions
UPC
Body of legislation / Rules
Art. 49(1) UPCA, Art. 49(5) UPCA, Art. 73.2(a) UPCA, R. 19.2(a) RoP, R. 19(c) RoP, R. 220(c) RoP, R. 321-324 RoP, R. 323.2 RoP, R. 370.8(a) RoP
