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Having (probably) failed in their attempt with Italy to derail the unitary patent package by poking the enhanced cooperation procedure with “the soft cushions” (see here), Spain has now wheeled out “the Comfy chair” and is bringing two further cases in front of the CJEU to try and stop the unitary patent system from going forward. (Those of you wondering why I’ve suddenly developed a soft furnishings fixation are respectfully referred here.)
Yes, Spain has now filed actions C-146/13 and C-147/13 at the CJEU against the European Parliament and the European Council (against Council Regulation (EU) No 1257/2012 [implementing enhanced cooperation in the area of the creation of unitary patent protection] & Council Regulation (EU) No 1260/2012 of 17 December 2012 [implementing translation arrangements] – see here).
So what does this mean for the prospects of the system?