German court rejects latest UPC complaints

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

German court rejects latest UPC complaints

germany-fcc-600-2.jpg

The Federal Constitutional Court says the complaints are inadmissible, potentially paving the way for the project to move forward

Germany’s Federal Constitutional Court rejected two complaints against the country’s Unified Patent Court legislation today, July 9.

In a statement, the FCC said two applications for a preliminary injunction against the UPC Agreement were inadmissible and “failed to sufficiently assert and substantiate a possible violation of their [the complainants’] fundamental rights”.

The court has not revealed the names of the complainants, but Ingve Stjerna, the German attorney who filed the first constitutional complaint against the UPC in 2017 – and which the FCC partially allowed in 2020 – confirmed at the end of last year that he submitted one of the cases.

According to the FCC, the complainant in one of the cases asserted that the proposed UPC violated the right to democratic self-determination under the Basic Law for the Federal Republic of Germany.

The complaint also alleged that the principle of the rule of law, the fundamental right to effective legal protection and EU law had been violated, and that the UPC Agreement amounted to an impermissible encroachment on German constitutional identity.

However, the FCC said the complaint did not sufficiently substantiate the possibility that ratifying the UPC framework could result in violation of these principles.

In the second complaint, directed against the precedence of EU law, the FCC said the complaint was not sufficiently substantiated.

The FCC said the complaint merely rested on the sole argument that Article 20 of the UPC Agreement is contrary to Article 79(3) of the Basic Law, adding. “This does not satisfy the procedural requirement that submissions be sufficiently substantiated.”

This is the second time the court has had to assess challenges against the proposed UPC.

In March 2020, a long-awaited FCC ruling declared that Germany’s act approving the UPCA had not been signed off by a required two-thirds majority in the Bundestag, Germany’s parliament. However, at the end of November 2020, the Bundestag approved the act with the necessary qualified majority.

more from across site and SHARED ros bottom lb

More from across our site

Morgan Lewis adds three partners with technical depth, reinforcing the firm’s strategy to bridge legal and tech expertise in patent litigation
The firm posted a 13% increase in profit as well as a rise in overall revenue
Catherine Lee, one of Managing IP’s Top 250 Women in IP 2025, discusses her ‘soft’ approach to leadership and why building a community at work is important
Transactions specialists at Paul Weiss are advising on the high-profile split of Kraft Heinz into two companies, while Skadden is also involved in the deal
Youngmin Park joins us for our ‘Five minutes with’ series to discuss learning languages, moonlighting as a drummer, and why late is better than never
The record-breaking $1.5 billion settlement between the AI company and book authors may not lead to rapid resolution of other cases, say copyright lawyers
Leaders at two Brazilian law firms outline strategies to adjust to trademark fee changes at Brazil's IP office while urging clients to apply before September 20
Former in-house counsel Andriana Shultz Daly has returned to the firm with client-side insight and courtroom skills to build the firm’s life sciences practice
The LMG Life Sciences Awards announces the 2025 winners for the 13th annual awards!
News of AI company Cerence accusing Apple of patent infringement and a hiring update from Lewis Silkin were also among the top talking points
Gift this article