Court of Justice (Grand Chamber) 16 April 2013, C‑274/11 and C‑295/11 (Kingdom of Spain and Italian Republic v Council of the European Union.)

JUDGMENT OF THE COURT (Grand Chamber) 16 April 2013 ( *1 ) ‛Unitary patent — Decision authorising enhanced cooperation under Article 329(1) TFEU — Actions for annulment on grounds of lack of competence, misuse of powers and infringement of the Treaties — Conditions laid down in Article 20 TEU and in Articles 326 TFEU and 327 TFEU — Non-exclusive competence — Decision adopted ‘as a last resort’ —