2025-09-01 - LD Hamburg - FAKRO v. Dolle - UPC_CFI_718/2024

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Hamburg Local Division refused an application by four defendants for court-ordered simultaneous interpretation of the oral hearing from German into Polish. It set out the framework: Art. 51(2) UPCA obliges the divisions to provide interpretation where appropriate on a party's request, R. 109.2 RoP leaves it to the judge-rapporteur to decide whether and to what extent simultaneous interpretation is appropriate, and where it is ordered the cost falls into the costs of the proceedings under R. 150 RoP, whereas a party that engages its own interpreter after a refusal bears that cost alone under R. 109.4 and R. 109.5 RoP. Adopting the two-step test developed by The Hague Local Division in Szymon Spyra v Amycel and joined by Düsseldorf in Fujifilm v Kodak, the Division asked first whether interpretation is appropriate at all and only then whether its cost should become a cost of the proceedings. Interpretation into Polish was refused because three of the four defendants are German, Austrian and Danish companies with no connection to that language, and because the persons the fourth defendant wished to have follow the hearing were neither parties nor legal representatives but employees, an external legal adviser and staff of a different Polish company.

Quelle und Fundstellen

Quelle: UPC Case File

Aktenzeichen: UPC_CFI_718/2024