Court of Justice (Full Court) 8 March 2011, C-1/09 (Avis au titre de l'article 300, paragraphe 6, CE.)

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The Opinion addresses the compatibility of a proposed agreement for a unified patent litigation system, specifically the establishment of the European and Community Patents Court, with the Treaties. It concludes that while Article 262 TFEU does not preclude the creation of such a court, the exclusive jurisdiction granted to it over actions by individuals would undermine the judicial framework of the EU and the powers of Member State courts, thus altering the essential character of EU law. Ultimately, the Court opines that the agreement is incompatible with the provisions of the EU Treaty and the FEU Treaty.AI

European Union · · · Cited by 124 · 08-03-2011

Parties Parties Table of contents The request for an Opinion The draft agreement on the European and Community Patents Court Provisions of the draft agreement Assessments made by the Council in its request for an Opinion Summary of observations submitted to the Court Observations on the admissibility of the request for an Opinion Observations that the draft agreement is incompatible with the

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