Joined cases Spain v. Council and Italy v. Council, Opinion A-G, Court of Justice EU, 11 December 2012, Case Numbers C-274/11 and C-295/11
"Advocate General Bot proposes that the Court dismiss the actions brought by Spain and Italy against the Council’s decision authorising enhanced cooperation in the area of the unitary patent
"Enhanced cooperation must aim to further the objectives of the European Union, protect its interests and reinforce its integration process. A decision authorising enhanced cooperation is to be adopted by the Council as a last resort, when it has established that the objectives of such cooperation cannot be attained within a reasonable period by the Union as a whole1. The decision is adopted by the Council on a proposal from the Commission and after obtaining the consent of the Parliament."