Hybridgenerator v HGSystem (CoA, 8 May 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In Hybridgenerator’s appeal against an order of the Copenhagen Local Division declining to order HGSystem and other companies to pay the penalty payments set in an order of 4 September 2024 (EP 4 238 202, UPC_CoA_233/2025), the Court of Appeal made English the language of the appeal proceedings instead of Danish, with the parties’ agreement. It bore the cost of internal translations and asked the parties whether an oral hearing was needed. The order shows how flexibly Rule 322 can operate on appeal where the dispute is narrow.

Question

Can the language of appeal proceedings change from Danish to English, the language in which the patent was granted, on the judge rapporteur’s proposal, and on what terms as to translation?

Decision

Yes. Rule 322 allows the judge rapporteur, after consulting the panel, to propose a change of language, which takes effect if the parties and the panel agree (paragraph 7), Article 49(4) UPCA refers to grounds of convenience and fairness (paragraph 6). Since the appeal was limited in scope, English would shorten adjudication, and the parties, who understand English, suffered no disadvantage or cost (paragraph 8). No translations were required from the parties: the Court translates at its own cost for internal use (paragraph 9). The parties were to state by 16 May 2025 whether they wanted an oral hearing, possibly by videoconference (paragraph 10).

Key points for practice

• On appeal, a change of language may be initiated by the judge rapporteur and imposes no translation costs on the parties where the Court itself provides internal translations.
• Practical point: for an appeal of limited scope, the Court of Appeal considers deciding on the written pleadings and asks the parties whether a hearing is needed.

Provisions applied

Agreement on a Unified Patent Court

Art. 49(4)

Rules of Procedure

Rule 322

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.