The Court of Justice of the European Union (CJEU) has dismissed both of Spain’s actions (cases C-146/13 and C-147/13) against the enhanced cooperation implementing the ‘Unitary Patent Package’ sought to confer unitary protection on the European patent and to establish a unified court in the EU.
These actions seek the annulment of both the Regulations implementing enhanced cooperation in the area of the creation of Unitary Patent protection (Case C-146/13) and the Regulations governing the translation arrangements (Case C-147/13).
In November 2014, the Advocate General of the CJEU issued an opinion arguing that both actions should be rejected.
By its judgments delivered on May 5,. 2015, the CJEU has definitively dismissed both actions (see the Press Release from the CJEU).
These judgements of the CJEU have a major significance, since a relevant obstacle to the Unitary Patent Package implementation has been suppressed.
The Unitary Patent Package will apply from the entry into force of the Agreement on a Unified Patent Court signed by 25 EU Member States on 19 February 2013. It will need to be ratified by at least 13 states, including France, Germany and the United Kingdom to enter into force (see status of ratification).