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

• Published date: 18 March 2024
• Law Firm: Bardehle Pagenberg
• Author: Rebekka 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 or medium-size enterprise' (SME) facing a global player if sufficiently substantiated.

Fairness is affected if the Applicant is restricted in their possibility of organising efficiently their defense. The timeframe of an application for provisional measures is no factor in this regard

Fairness may be undermined by a change of language if both parties are initially equally confronted with a foreign language and relating inconvenience in terms of translation and interpretation needs

Interests of the Court - concurring with those of the users - cannot prevail if no other circumstances call for a change of language

Allegedly facilitating the general organisation of...