LD Düsseldorf, February 26, 2024, Order On Language Of The Proceedings, UPC_CFI_463/2023

Published date18 March 2024
Law FirmBardehle Pagenberg
AuthorRebekka Jeschke

1. Key takeaways

For a decision according to Art. 49 UPCA it may be sufficient that the initially chosen language is significantly detrimental to the Applicant. A disproportionate disadvantage is not necessary

The decision has to take grounds of fairness and all relevant circumstances into account, Art. 49(5) UPCA. Decisive are the respective interests at stake.

Assertions of detriments must be substantiated with detailed information or relevant data explicitly invoked

A sufficient detriment may be a 'small...

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