Advocate General’s Opinion on second Spanish challenge to the UPC system due on 18 November 2014

Advocate General’s Opinion on second Spanish challenge to the UPC system due on 18 November 2014

20 October 2014

The Opinion of the CJEU’s Advocate General in Cases C-146/13 and C-147/13 is due to be handed down on 18 November 2014. In these Cases Spain is challenging  the legality of the unitary patent and language regulations (1257/12 and 1260/12). The pleas in this second Spanish challenge to the UPC system relate not only to Article 118 TFEU but also to misapplication of the Meroni doctrine (C-9/56) which (with subsequent case law) takes a relatively strict view on the limits of the power of the Commission to delegate to administrative authorities - in this case the powers delegated to the EPO to administer the unitary patent. 
 
C-146/13 - HERE
C-147/13 - HERE

Liz Cohen
Contact Us
Message here
Exit Preview