CELEX: 62009CG0001
Language: en
Date: 2011-03-08 00:00:00
Title: Opinion 1/09: Opinion of the Court (Full Court) of 8 March 2011 — Council of the European Union (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)

16.7.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 211/2
            
         Opinion of the Court (Full Court) of 8 March 2011 — Council of the European Union
   (Opinion 1/09) (1)
   
   (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.
   
      (1)  OJ C 220, 12.9.2009.