2024-08-23 - LD Düsseldorf - Maxeon Solar v. Aiko Energy Germany et al. - UPC_CFI_336/2024

1. A submission, although lodged in English, shall be declared admissible if it was not returned by the Registry as provided for by the RoP, which does not envisage any other consequence in such situation. In accordance with R. 7.1 RoP, it is for the Court to decide on a case-by-case basis whether an application pursuant to R. 323 lodged in a different language is to be rejected. 2. When deciding on a request to change the language of the proceedings to the language in which the patent was granted, all relevant circumstances relating to the case and to the position of the parties must be taken into account. If the balance of interests is equal – such as when both parties are international companies with significant internal resources – the position of the defendant is the decisive factor. In contrast to the language skills of the representatives of the parties, the ability for the managing directors or their equivalents on both sides to understand the language of the proceedings is a relevant consideration.

The court granted the application for a change of languages, stating that even an application in a foreign language can be admissible.