Procedural Order

Main Details:
Case number
UPC_CFI_373/2023
Date
Parties
Aarke AB
v.
SodaStream Industries Ltd.
v.
SodaStream Industries Ltd.
Order/Decision reference
ORD_592147/2023
Type of action
Generic application
Language of Proceedings
English
Court - Division
Court of First Instance - Düsseldorf (DE) Local Division
Headnotes:
An application according to Art. 49 (5) UPCA and Rule 323.1 RoP can be made at any time
until the Statement of Defence has to be lodged according to Rule 23 RoP – 2. An Application
lodged in English and not returned by the Registry can be admissible as provided by 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 or not – 3. he decision whether or not
to change the language of the proceedings into the language in which the patent was
granted shall be determined with regard to the respective interests at stake, the situation of
the Defendant requires a particular consideration in the event that a SME is sued before the
court in light of the legal frame provided by the UCPA taking into account the situation faced
by small and medium-sized enterprises.
Keywords:
language of the proceedings R. 323 RoP – admissibility and merits of the Application