Federal Constitutional Court - decision


The Federal Constitutional Court of Germany (the FCC) has delivered its decision on the complaint against the German ratification of the Agreement on the Unified Patent Court (UP-CA). The FCC has declared that the Parliamentary Act of Approval to the Agreement on a Unified Patent Court to confer sovereign powers on the Unified Patent Court is void on the ground that the German Parliament did not vote with the required majority (2/3 according to the judgement). The decision was taken by a 5:3 majority.




Despite the fact that the judgement will result in further delay the preparatory work will continue, while the judgement and the way forward is further analysed.


It should be acknowledged that all colleagues working for the Preparatory Committee are facing unprecedented challenges with the COVID-19 outbreak but work will move forward using all available resources to keep the momentum.