1. Key takeaways
Rule 14.2(b) RoP is an exception to the general
language-of-proceedings rules and must be interpreted restrictively
(Rule 14.2(b) RoP, Art. 49(1), Art. 49(2) UPCA).
The provision requires proceedings to be conducted in the
official language of the Contracting Member State only if two
specific conditions are both met. As an exception, this rule cannot
be broadly construed in favour of the party seeking a language
change.
The two conditions of Rule 14.2(b) RoP are cumulative:
defendant's domicile in the Contracting Member State and
exclusivity of jurisdiction under Art. 33(1)(a) UPCA.
Both conditions must be satisfied simultaneously. First, the
defendant must have its principal place of business in the relevant
Contracting Member State. Second, the action must not be capable of
being brought before any other local division under Art. 33(1)(a)
UPCA. If either condition fails, the exception does not apply.
