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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)
ECLI:EU:UNKNOWN:62009CG0001
62009CG0001
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16.7.2011
Official Journal of the European Union
C 211/2
(Opinion 1/09) (<span class="super">1</span>)
(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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Language of the case: English.
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(<span class="super">1</span>) OJ C 220, 12.9.2009.