Spain has brought two further actions before the Court of Justice of the European Union, challenging the EU Regulations making up the ‘Unitary Patent Package’.
Spain, along with Italy, has previously challenged the proposals for the Unitary EU Patent before the CJEU (CJEU cases C-274/11 and C-295/11). This earlier challenge was on the grounds that use of the ‘enhanced cooperation’ procedure to create the new system was contrary to EU law. The Court has not yet issued its judgment in those cases, but the opinion of the Advocate General (published in December 2012) was that the complaint should be dismissed.
Italy has since signed up to the Unified Patent Court Agreement (although not to the Unitary Patent) and so is unlikely to join with Spain in this new challenge.
The details of Spain’s new complaints (CJEU cases C-146/13 and C-147/13) are not yet publicly available. However, whatever the details, it seems that this new challenge could significantly delay the implementation of the new unitary patent system.