Easee v Visibly (CFI, 24 October 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 22 October 2024 (UPC_CFI_525/2024, App_55164/2024), the President of the Court of First Instance (F. Butin), in Visibly’s infringement action on EP 3 918 974 before the Hamburg Local Division against Easee B.V., Easee Holding B.V. and Yves Prevoo, changed the language of the proceedings from German to English, the language in which the patent was granted, and ordered Visibly to translate the Statement of Claim and four exhibits at its own expense. Visibly’s consent thus did not relieve it of the cost of translations.

Question

Where the claimant agrees to a change to the language of the patent, may it be ordered to translate documents already filed at its own expense?

Decision

As Visibly expressly agreed to the change, English becomes the language of the proceedings from the date of the order (Art. 49(3) UPCA, Rule 323 RoP). On translations (Rule 324 RoP), the President takes into account the speedy handling of the case, the benefit of basing the discussion on English submissions from the party that drafted them, and the fact that the claimant could reasonably expect such a request given the nationality and domicile of the parties. The change comes early and the volume to translate is limited: a 72-page Statement of Claim and four exhibits. Fairness and convenience justify ordering Visibly to translate the Statement of Claim and Exhibits PS1, PS2, PS4 and PS5 within ten days, at its own expense.

Key points for practice

• Practical point: a claimant that chooses a language other than that of the patent against foreign defendants should anticipate the cost of retroactive translations if the case moves to the language of grant, even with its consent.

Provisions applied

Agreement on a Unified Patent Court

Arts. 49(3) and 73(2)(a)

Rules of Procedure

Rules 220, 323 and 324

Case law cited

No UPC decision is cited.

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.