Hurtel v Belkin (CoA, 30 September 2026)
| Date | 30 September 2026 |
|---|---|
| Court | CoA |
| Division | Luxembourg (LU) |
| Type of action | Generic |
| Case number(s) | UPC_CoA_165/2026 |
| Registry reference | UPC-COA-0000165/2026 |
| Parties | Hurtel SP. z o.o. v. Belkin Limited, Belkin International Inc., Belkin GmbH, Koninklijke Philips N.V. |
| Language | English |
Official decision (PDF) · UPC registry entry
Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.
Dhenne Avocats · 10 October 2026
Our analysis
Summary
By order of 30 September 2026 (UPC_CoA_165/2026), the judge-rapporteur of panel 2 of the Court of Appeal gave Hurtel Sp. z o.o. until 9 October 2026 to file in German its request for access to the pleadings and evidence in appeal UPC_CoA_534/2024 between Koninklijke Philips and Belkin (EP 2 867 997). The request, made under Rule 262.1(b) RoP, had been drafted in English. The order confirms that a third party seeking access to the file must use the language of the main proceedings.
Question
In what language must a third party file a request for access to documents in appeal proceedings conducted in German?
Decision
The Court of Appeal had ruled, by final decision of 3 October 2025, on the appeals of Philips and Belkin against the decision of the Munich Local Division of 13 September 2024 (paragraph 1). Hurtel sought access, in redacted or non-confidential form, to the pleadings and evidence in that appeal (paragraph 2). The language of the access proceedings is that of the main proceedings, here German, so the request must be filed in German (paragraph 3). Hurtel was given the opportunity to do so within the time limit set.
Key points for practice
- Practical point: a third party’s request for access under Rule 262.1(b) RoP must be drafted in the language of the main proceedings, a request in English in a case conducted in German will have to be refiled.
Provisions applied
- Rules of Procedure
- Rule 262.1(b)
Related decisions
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.
Going further
Lexicon: Unitary patent, Local and central divisions (UPC).
Dhenne Avocats blog: The Transitional Period and the UPC: Coordinating Two Judicial Orders.
Publications by Matthieu Dhenne: Four Questions That Decide a UPC Market Entry, Pleading the Long Arm: What a UPC Statement of Claim Must Carry Beyond Jurisdiction (Kluwer Patent Blog).