Breaking News: Italy and Spain File Anullment Actions Against EU Patent Enhanced Cooperation

As announced earlier, Italy and Spain now each filed an action of annulment against the EU Council Decision (cf. press release of 8 March 2011) which authorised creating the EU patent by enhanced cooperation with the Court of Justice of the European Union (see tweets on @ksnhlaw). Thanks to tweets of @ksnhlaw, we now know that this information was made available by the EU Concil on 5 July 2011 by two separate documents with reference to the related cases C-295/11 and C-274/11 The following objections were raised by the two reluctant countries: Lack of competence and violation of Article 20(1) first subparagraph TUE: the Union has no competence to establish an enhanced cooperation in the field of Article 118 TFEU for the creation of a new Union intellectual property title ...Zum vollständigen Artikel

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