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As reported here previously, Spain is challenging both of the regulations that create the unitary patent. The CJEU heard the action brought by Spain on 1 July 2014 and a report of the hearing has popped up on an Allen & Overy eAlert (Luisa Deas from A&O was at the CJEU hearing).
Back in March we noted that, after their previous joint challenge with Italy against the unitary patent system, Spain had filed two further actions, C-146/13 and C-147/13, at the CJEU against the European Parliament and the European Council. No details were available at the time as to the content of these actions. However, over the weekend this all changed with the publication on InfoCuria of the two actions.
Details of the actions and our initial thoughts are below. In the interests of full disclosure I should probably point out that our initial thoughts are ones of confusion: “what Treaty is that?”, “what does that mean?”, “Have you heard of Meroni?” and “Who’ll be the new Doctor?”*
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?