Advocate General’s Opinion in Spain v Parliament and Council

The Advocate General of the Court of Justice gives a boost to the implementation process by claiming that Spanish actions against the EU Regulations on the unitary patent protection must be dismissed. The opinions can be found here.

While refuting the Spanish claims, Advocate General Yves Bot states that the unitary patent protection conferred provides a genuine benefit in terms of uniformity and integration, whilst the choice of languages reduces translation costs considerably and safeguards the principle of legal certainty.

Advocate General Bot also confirms the link between the Unitary Patent Protection and the Unified Patent Court Agreement. In his view it would be contrary to the principles underlying the Regulations to apply them before the establishment of the Unified Patent Court.

He goes on to stress that, since the application of the two EU regulations are depending on it, the participating Member States are obliged by the principle of sincere cooperation to ratify the Unified Patent Court Agreement.

The opinion is certainly good news for the Preparatory Committee and should provide a boost for Signatory States in their endeavours to implement the package and ratify the Agreement.