April 16, 2013 - The action filed by Spain and Italy dismissed !
The EUCJ (European Union Court of Justice) has just issued an important decision on April 16, dismissing the action which had been filed by Spain and Italy against the Regulation on the Unitary patent.
These two countries were trying to block the Unitary patent on the basis of an alleged breach of the EU treaty.
The EUCJ, in rejecting all the arguments of Spain and Italy, fully justified the enhanced cooperation which allowed the EU Council and the EU parliament to accept the creation of a Unitary patent right for only 25 member states of the EU (the EU comprises today 27 member states)
This important decision completely clears the way for the ratification of the Unified Patent Court agreement and entry into force of the Unitary patent which is expected in 2014 or beginning 2015.