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

Headshot of Liz Cohen

Liz Cohen


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