CJEU to hear second Spanish challenge on 1 July 2014


The CJEU’s hearing of Spain’s challenge (C-146/13 and C-147/13)  to the legality of the unitary patent and language regulations (1257/12 and 1260/12) is due to take place on 1 July 2014.  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.  It is likely that the CJEU’s Advocate General’s opinion on this challenge will be available later this year, and the Court will then hand down its decision in the first half of 2015.

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