Source: EURLEX
Language: en
Format: md

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| 16.7.2011 | EN | Official Journal of the European Union | C 211/2 |

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Opinion of the Court (Full Court) of 8 March 2011 — Council of the European Union

(Opinion 1/09)[(1)](#ntr1-C_2011211EN.01000202-E0001)

(Opinion delivered pursuant to Article 218(11) TFEU - Draft agreement - Creation of a unified patent litigation system - European and Community Patents Court - Compatibility of the draft agreement with the Treaties)

2011/C 211/03

Language of the case: all the official languages.

Parties

Applicant: Council of the European Union

Re:

Request for an opinion — Compatibility, with the EC Treaty, of a draft agreement creating a unified patent litigation system — European and Community Patents Court, composed of a court of first instance and a court of appeal — Attribution to that court of jurisdiction to determine, in particular, disputes relating to the validity and/or application of Community patents, linked to the power or the obligation for that court to refer to the Court of Justice questions for a preliminary ruling on the interpretation of the EC Treaty or the validity and interpretation of acts adopted by the European Union institutions — Adverse effect on the autonomy of the Community legal order and the primacy of Community law?

Operative part

The envisaged agreement creating a unified patent litigation system (currently called ‘European and Community Patents Court’) is not compatible with the provisions of the EU Treaty and the FEU Treaty.

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