C-146/13 and C-147/13
In decisions C-146/13 and C-147/13 issued in May 2015, the Court of Justice of the European Union (CJEU) rejected two challenges by Spain against the legality of the unitary patent.[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]
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
- ^ 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
- 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.
Externals links
- ECLI:EU:C:2015:298 (C-146/13) on InfoCuria
- ECLI:EU:C:2015:299 (C-147/13) on InfoCuria
- Spain v Parliament and Council (Judgment) (2015) EUECJ C-146/13 (05 May 2015) on Bailii
- Spain v Council (Judgment) (2015) EUECJ C-147/13 (05 May 2015) on Bailii
- "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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