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Case C-146/13: Action brought on 22 March 2013 — Kingdom of Spain v European Parliament and Council of the European Union
ECLI:EU:UNKNOWN:62013CN0146
62013CN0146
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Valentina R., lawyer
15.6.2013
Official Journal of the European Union
C 171/15
(Case C-146/13)
2013/C 171/30
Language of the case: Spanish
Parties
Applicant: Kingdom of Spain (represented by: E. Chamizo Llatas and S. Centeno Huerta, Agents)
Defendants: European Parliament and Council of the European Union
Form of order sought
The applicant claims that the Court should:
—Declare legally non-existent Regulation (EU) No 1257/2012 (1) of the European Parliament and of the Council of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection and, in the alternative, annul that regulation in its entirety;
—In the alternative, annul:
(a)Article 9(1) in its entirety, and Article 9(2) in the terms set out in the fifth plea in law in support of this action;
(b)Article 18(2) in its entirety, and all references in Regulation No 1257/2012 to the Unified Patent Court as the judicial regime for the EPUE [European patent with unitary effect] and as the source of law for the EPUE
—Order the European Parliament and the Council of the European Union to pay the costs.
Pleas in law and main arguments
5. Misapplication of the Meroni case-law in the delegation to the European Patent Office of certain administrative tasks relating to the European patent with unitary effect.
* Language of the case: Spanish.
(1) OJ 2012 L 361, p. 1.