EUCJ - Opinion 01/09 - Analysis and Consequences, by Winfried Tilmann
"I. The Opinion
1. In 2009 the Council, at the request of the Commission, submitted a draft Agreement for the creation of a European and Community Patents Court (PC) to the Court of Justice of the European Union (EUCJ) for an opinion on the compatibility of this draft Agreement with EU law.
2. The EUCJ, in its Opinion 01/09 of March 8, 2011, came to the conclusion (Nr. 89) that conferring an exclusive jurisdiction to hear a significant number of actions in the field of the Community patent and interpreting and applying European Union law in that field
on an international court which is outside the institutional and judicial framework of the European Union
would deprive Member States courts and the EUCJ of their powers and obligations to cooperate in interpreting and applying Union law."
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