Esko-Graphics Imaging v XSYS Germany (CFI, 21 January 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 15 January 2025, the President of the Court of First Instance, Florence Butin, granted the application by the defendants XSYS Germany, XSYS Prepress and XSYS Italia to change the language of proceedings from German to English, the language in which EP 3 742 231 was granted, in the infringement action brought by Esko-Graphics Imaging before the Munich Local Division (UPC_CFI_483/2024). The claimant expressly agreed and accepted that no translation of pleadings already filed would be required. The order shows how swiftly an agreed change of language is handled.

Question

May the language of proceedings be changed to the language of grant where the claimant consents?

Decision

After consulting the panel (Rule 323.3 RoP), the President granted the application in view of the claimant’s express agreement: the proceedings continue in English. The change is not made conditional on any translation or interpretation arrangements, as the parties agreed that no translations were needed under Rule 324 RoP. The defendants are to file their statement of defence within the period laid down in the Rules of Procedure. The order may be appealed within fifteen days of its notification to the applicants.

Key points for practice

• Where the claimant agrees to switch to the language of grant and waives translations, the President rules without extended reasoning and without conditions.

Provisions applied

Agreement on a Unified Patent Court

Art. 73(2)(a)

Rules of Procedure

Rules 220, 323 and 324

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.