2026-04-27 - LD Brussels - In(k)control v. Esko-Graphics et al. - UPC-CFI-0000871/2026

ENGLISH: - A rapid decision on a request to change the language of the proceedings benefits both parties and to the case management. As a general principle, further submissions that are not foreseen by R. 323.2 should therefore not be considered. - In assessing the interests of the parties for deciding on an Application pursuant to R. 323 RoP, the fact that English is predominantly used in the field of the technology in question and the ensuing advantage to conduct the dispute in this language, do not outweigh the relevance of particular circumstances relating to the respective size and domicile of the companies involved.

The President of the UPC Court of First Instance dismissed Esko's R. 323 RoP application to change the language of proceedings before the Brussels LD from Dutch to English. The order articulates two structural rules (Headnotes): (i) under R. 323.2, only the claimant's response is foreseen, so further submissions by the applicant are generally not considered — a procedural-economy concern given the need for rapid resolution; (ii) on the substantive merits, the predominance of English in the technology field does not by itself outweigh particular circumstances relating to the parties' size and domicile. Applying the CoA's Apl_12116/2024 / 38948/2024 framework (relevant case-specific circumstances + parties' nationality/domicile/size + internal working language; enforcement conditions are less relevant), the President held that the SME-friendliness objective of the UPC, the claimant's status as a small enterprise (R. 370.8(a) RoP self-declaration), the Dutch-speaking registered office of all parties, and Esko's failure to substantiate any significant disadvantage from Dutch (an official language of its own region) all weighed against the change. The patent-language general rule from CoA Apl_12116/2024 — that the language of the patent is not unfair to the claimant absent specific circumstances — gave way here to the SME and domicile circumstances.