The First Decision on the Unitary Patent: the Court Dismissed the Actions of Spain and Italy

In this recent decision, the Court ruled upon the Council’s decision to authorise the enhanced cooperation in the area of the Unitary Patent. The dismissal of two actions (with similar pleas) filed by Italy and Spain could have been a precedent on when and how EU Member States can make use of the tool of enhanced cooperation in general. However, the decision is brief and incorporates far less balancing and considerations than the Advocate General’s opinion. Nevertheless, the decision is interesting in light of the two new actions filed by Spain this year. One action is directed against the Regulation on the creation of a Unitary Patent, the other against the Regulation on the translation arrangements.

Download →