Home » UPC decisions » Luxembourg Court of Appeal » Court of Appeal, October 8, 2026, Order, UPC_CoA_73/2026

Court of Appeal, October 8, 2026, Order, UPC_CoA_73/2026

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Key takeaways

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Even a belated objection by the respondent regarding the signature of the appellant’s statement of appeal must be examined by the Court on its own motion, since compliance with the formal filing requirements is not left to party disposition. Therefore, the Court rejected arguments that an objection to a signature was untimely or lacked legal interest

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Scanned handwritten (“wet-ink”) signatures of authorized representatives inserted into an electronically lodged pleading satisfy all formal requirements. The eIDAS Regulation leaves formal procedural signature requirements to Contracting Member States and the Court.

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Electronically lodged pleadings must be signed by an authorized representative entitled to act before the Court. If a submission is not properly signed, it cannot be accepted as validly lodged under R. 224 RoP.

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Appellate review is restricted to assessing whether the first-instance judge committed an error of discretion by failing to exercise, exceeding, or abusing that discretionary power when balancing the relevant interests and circumstances.

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Where all parties are established in the same language region and the claimant is a smaller enterprise relative to the defendant (cf. R. 370.8 RoP), these factors can justify maintaining the local language, even if English is used in exhibits, pre-litigation correspondence, or as a working language.

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In interlocutory language-change appeals, a cost order is inappropriate because the dismissal of the appeal leaves the main infringement proceedings pending before the Court of First Instance.

Division

Court of Appeal (Luxembourg)

UPC number

UPC_CoA_73/2026

Type of proceedings

Appeal against an order refusing to change the language of proceedings (Art. 49(5) UPCA)

Parties

Appellants: Esko-Software BV, Esko-Graphics BV

Respondent: IN(k)Control BV

Patent

EP 3 841 735

Jurisdictions

UPC

Body of legislation / Rules

R. 4.1 RoP R. 8.1 RoP, R. 220.1(c) RoP, R. 224.1(b) RoP, R. 224.2(b) RoP, R. 286 RoP, R. 320 RoP, R. 323 RoP, R. 370.8 RoP, Art. 48 UPCA, Art. 49(5) UPCA
Regulation (EU) No 910/2014 (eIDAS)


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