EU Court says no to Italy and Spain and yes to unitary patent plan

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

Cookies Settings

EU Court says no to Italy and Spain and yes to unitary patent plan

Italy and Spain have failed to persuade the Court of Justice of the EU to prevent other member states from going ahead with the unitary patent

The two countries had complained to Europe’s top court over the European Council’s 2011 decision to use the so-called enhanced procedure to allow the remaining 25 member states to agree a deal between themselves on a single European patent.

Italy and Spain have long been opposed to the unitary patent on language grounds, complaining that plans to use English, French and German as the new patent’s official languages discriminates against Spanish and Italian speakers.

But today the Court ruled that it was acceptable for the European Council to use the enhanced cooperation procedure after efforts to achieve agreement from each of the EU’s 27 member states had failed.

Although the Court acknowledged that it would be unacceptable for the Council to use the enhanced procedure whenever member states failed to reach agreement on an issue, it said that in this case, the Council had carefully and impartially ascertained whether the condition of “last resort” had been met. In particular, the Court noted that negotiations on the unitary patent began in 2000 and that a range of language arrangements had been discussed by member states.

The judges also rejected Spain and Italy’s arguments that the decision by the other 25 states to press ahead with a unitary patent without them would damage the internal market or the economic, social and territorial cohesion of the EU.

Spain is believed to have filed another case at the CJEU challenging the patent plans on other grounds, though details of this complaint are not yet available.

Today's decision means the unitary patent and unified patent court (UPC) plans are on track. The new system is expected to come into effect in 2015, once the UPC agreement has been ratified by at least 13 member states.

more from across site and SHARED ros bottom lb

More from across our site

Europe’s largest intellectual property convention and trade fair is back: IP Service World 2026 takes place in Munich from November 23–25 – the 16th edition, with 1,400-plus attendees from 55-plus nations, 100-plus speakers, and 100-plus exhibitors. Three days. Two focused areas. One IP marketplace.
Mehmet Gün and Uğur Aktekin discuss four decades of change in Türkiye’s legal market, the firm’s commitment to independence and the challenge of building an institution that can outlast its founders
Boehringer Ingelheim has instructed a team from Kirkland, while Teva is being represented by Pinsent Masons
The Delhi High Court’s latest directions offer an opportunity to move beyond remedies against bad-faith registrations and address how suspicious applications are identified in the first place, says Fatima Baig at Lexlinc
Camilla Hamrin describes how the acquisition by Acapo Onsagers will impact Bergenstråhle’s trademark practice – and reflects on changes she has seen over 30 years in IP
On a recent trip to the French capital, we learned that the UPC is squeezing domestic litigation while firms are chasing senior talent, experimenting with AI and considering new ways of organising their practices
Daniel Law says a string of lateral hires and broader expansion plans will strengthen its position to capitalise on Brazil’s burgeoning IP and patent litigation market
Jason Raeburn’s arrival will expand the firm’s London footprint in AI, copyright and tech disputes
The firm is shaping its AI strategy around partnerships with Harvey and Legora alongside internally developed tools from its legal technology company, Eltemate
A dispute Down Under shows why trademark lawyers cannot afford to wait on the sidelines when a rival brand gathers momentum
Gift this article