C-146/13 and C-147/13 explained

Court:ECJ
Submitdate:22 March
Submityear:2013
Decidedate:5 May
Decideyear:2015
Fullname:Kingdom of Spain v European Parliament, Council of the European Union; Kingdom of Spain v Council of the European Union
Casetype:Actions for Annulment
Casenumber:C-146/13, C-147/13
Ecli:ECLI:EU:C:2015:298
Opinion:ECLI:EU:C:2014:2380
Chamber:Grand chamber
Ruling:Cases dismissed
Judgerapporteur:M. Ilešič
Judgepresident:V. Skouris
Judge1:K. Lenaerts
Judge2:R. Silva
Judge3:A. Ó Caoimh
Judge4:C. Vajda
Judge5:S. Rodin
Judge6:A. Borg Barthet
Judge7:J. Malenovský
Judge8:E. Levits
Judge9:E. Jarašiūnas
Judge10:C.G. Fernlund
Judge11:J.L. da Cruz Vilaça
Advocategeneral:Yves Bot
Legislationaffecting:Unitary patent regulations

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]

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]

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Notes and References

  1. Web site: BREAKING NEWS: CJEU rejects Spain's objections to the Unitary Patent Package. Smyth. Darren. 5 May 2015. IPKat. 16 May 2015.