In decisions in the cases C-146/13 and C-147/13 issued in May 2015, the European Court of Justice (ECJ) rejected two challenges by Spain against the legality of both unitary patent regulations.[1] The decisions are significant because these legal challenges were regarded as "the last serious obstacle to the Unitary Patent Package being implemented", "provided the necessary number of ratifications of the Unified Patent Court Agreement occur (13 including UK, France and Germany)."[1]
| C-146/13 and C-147/13 | |
|---|---|
 | |
| Submitted 22 March 2013 Decided 5 May 2015 | |
| Full case name | Kingdom of Spain v European Parliament, Council of the European Union; Kingdom of Spain v Council of the European Union |
| Case | C-146/13, C-147/13 |
| ECLI | ECLI:EU:C:2015:298 |
| Case type | Actions for Annulment |
| Chamber | Grand chamber |
| Ruling | |
| Cases dismissed | |
| Court composition | |
| Judge-Rapporteur M. Ilešič | |
| President V. Skouris | |
| Judges | |
| Advocate General Yves Bot | |
| Legislation affecting | |
| Unitary patent regulations | |
In case C-146/13, Spain challenged Regulation (EU) No 1257/2012 implementing enhanced cooperation in the area of the creation of unitary patent protection, and in case C-147/13, Regulation No 1260/2012 of 17 December 2012, implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements, was challenged.[1]
References
edit- ^ a b c Smyth, Darren (5 May 2015). "BREAKING NEWS: CJEU rejects Spain's objections to the Unitary Patent Package". IPKat. Retrieved 16 May 2015.
Further reading
edit- Klos, Mathieu (May 5, 2015). "EuGH: Kein Erfolg für spanische Klagen gegen EU-Patent" [CJEU: No success for Spanish complaint against the EU patent]. JUVE (in German). Retrieved 16 May 2015.
External links
edit- C-146/13: Decision ECLI:EU:C:2015:298, and Advice of the Advocate-General ECLI:EU:C:2014:2380
- C-147/13: Decision ECLI:EU:C:2015:299, and Advice of the Advocate-General ECLI:EU:C:2014:2381
- "The Court dismisses both of Spain’s actions against the regulations implementing enhanced cooperation in the area of the creation of unitary patent protection", Court of Justice of the European Union, Press Release No 49/15, Luxembourg, 5 May 2015
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