24 August 2010

European and Community Patents Court: Advocate General Issues His Opinion in ECJ Case 1/09

European and Community Patents Court: Advocate General Issues His Opinion in ECJ Case 1/09

In 2009 the Council of the EU asked the European Court of Justice (ECJ) to opine on the following question: 'Is the proposed agreement creating a unified patent litigation system (currently called the "European and Community Patents Court") compatible with the provisions of the Treaty establishing the European Community?'

The Advocate General's decision has concluded that the proposed agreement is incompatible with the relevant treaties.  In the ECJ system, the Advocate General is responsible for presenting an advisory legal opinion on cases assigned to them, which is not binding on the Court.  We therefore await further developments with interest.

A fuller report of the Advocate General's decision will follow shortly.