Case Law
Rule 14: Use of languages under Article 49(1) and (2) of the Agreement

Court of First Instance - Düsseldorf (DE) Local Division, Order dated 11/04/2024, F. Hoffman-La Roche AG, Roche Diabetes Care GmbH / Rubin Medical ApS, c/o Diatom A/S, Tandem Diabetes Care Europe B.V. (Registry number: App_9340/2024 ORD_13996/2024)
Example of decision on the language of the proceedings: “Pursuant to Rule 14.2 (a) of the Rules of Procedure, the applicant may choose any of the two above-mentioned languages as language of proceedings. The applicant has exercised this right of choice and opted for German as the language of proceedings.”
“The exceptions in rule 14.2 (b), pp. 4 and 5 of the Rules of Procedure, on which the defendants 2) and 6) rely and which could limit the applicant’s choice, do not exist. Rule 14. 2 (b), p. 4 and 5 of the Rules of Procedure provides that, if a provision of the Member State with several official languages so provides, the proceedings must be conducted in the official language of the defendant and, if there are two or more defendants with different official languages, the claimant may choose the language from among the official languages involved. According to the text of the rule, the official language is the official language of the contracting member state. The Federal Republic of Germany does not provide for any official languages within the meaning of this rule other than German, in particular English. Exceptions are therefore irrelevant in this case.”