The Advocate General proposes that the Court of Justice of the European Union (CJEU) dismiss the Spanish challenges to the Unitary Patent

18 November 2014

Spain has brought actions before the Court of Justice of the European Union (CJEU) (Cases C-146/13 and C-147/13) against Regulations 1257/2012 implementing enhanced cooperation in the area of the creation of unitary patent protection (OJ 2012, L 361/1) and 1260/2012 on the applicable translation arrangements.  The Advocate General, Yves Bot, has today issued his Opinion in connection with both cases.  He proposes that the CJEU should dismiss Spain's actions.  An English press release discussing his reasons can be found here.

As explained in the press release, the Advocate General's Opinion is not binding on the CJEU. It is the role of the Advocates General to propose to the Court, in complete independence, a legal solution to the cases for which they are responsible.  The Judges of the Court are now beginning their deliberations in both cases and their Judgments will be given at a later date.

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