Bundestag’s response to the UPC constitutional complaints

Bundestag’s response to the UPC constitutional complaints

19 January 2021

The Bundestag’s Committee on Legal Affairs and Consumer Protection has reported here the following from its meeting on the two constitutional complaints filed in the German Federal Constitutional Court (Bundesverfassungsgericht - BVerfG) against the draft legislation enabling Germany to ratify the Unified Patent Court (UPC) Agreement and its Protocol on Provisional Application:

  • On 8 January 2021, the Bundestag submitted an opinion in the applications for an interim order (as reported here, the Bundestag was one of the organisations invited by the BVerfG to submit an opinion)

  •  All the Committee’s parliamentary groups except the AfD voted to recommend that the Bundestag joins and submits a statement in the main proceedings (as provided for under s 94 Federal Constitutional Court Act (Bundesverfassungsgerichtsgesetz – BVerfGG) and that the Bundestag asks its President to appoint a lawyer.

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