European Patent Court Not Compatible With European Union Law, says European Court of Justice

Today, the European Court of Justice published its opinion (pdf provided by EPALW) on the "Draft Agreement on the European and Community Patents Court" [Doc. 7928/09] (case Avis 1/09) and found, not overly surprising, the Draft Agreement incompatible with the EU Treaty [Doc 9076/09] and EU law. The essential issues of the opinion are summarised in a press release:
The Court observes, first, that, under that agreemet, the European and Community Patent Court is an institution which is outside the institutional and judicial framework of the European Union. [...] To that extent, the courts of the Member States are divested of that jurisdiction and accordingly retain only those powers which do not fall under the exclusive jurisdiction of the European and Community Patent Court. [...] Unlike other international judicial systems on which the Court has ruled in the past, the European and Community Patent Court has the duty to interpret and apply not only the envisaged international agreement, but also provisions of European Union law ...
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