Seoul Viosys v expert e-Commerce (CFI, 12 July 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 12 July 2024 (UPC_CFI_363/2023, ACT_579244/2023, App_40855/2024), the judge-rapporteur of the Düsseldorf Local Division (Thomas), on the application of Seoul Viosys, claimant in the infringement action on EP 3 926 698 against expert e-Commerce and expert klein, refused to arrange simultaneous interpretation into English of the German-language hearing at the expense of the proceedings. The claimant may only engage, at its own cost, an interpreter using the courtroom equipment, notifying the registry two weeks before the hearing.

Question

Can a party whose representatives do not speak the language of the proceedings it chose itself obtain simultaneous interpretation arranged by the court, with the cost treated as costs of the proceedings (Rules 109 and 150 RoP)?

Decision

No. The Division accepts that the claimant’s representatives need interpretation to take an active part in the hearing. It nevertheless refuses court-arranged interpretation, given the organisational burden and because the cost would become a cost of the proceedings that the losing party might have to bear. As English is available as an additional language before the Düsseldorf Local Division, the claimant could have chosen it when starting the action. Having chosen German with full knowledge, it cannot expect interpretation provided by the court. Engaging its own interpreter at its own cost adequately protects its interests.

Key points for practice

• Practical point: the choice of the language of the proceedings binds the party that made it, if its representatives do not speak that language, interpretation is at its own expense.

Provisions applied

Agreement on a Unified Patent Court

Arts. 49(2) and 51(2)

Rules of Procedure

Rules 14.1(b), 109 and 150

Case law cited

Düsseldorf Local Division, 10x Genomics v Curio, UPC_CFI_463/2023, App_14943/2024, The Hague Local Division, 25 June 2024, UPC_CFI_195/2024

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.