A motion for a declaratory decision according to Art. II § 3 2nd paragraph IntPatÜG is not to be filed with the invalidity courts but with the German Patent and Trademark Office.
Under German Law, a European patent has no effect in the territory of Germany if no translation of the European patent has been provided to the German Patent and Trademark Office within 3-months of the publication of the grant of the European patent if the latter was not published in German language. This applies to European patents of which the publication of the grant was published between June 1, 1992 and April 30, 2008. To record this legal consequence, the Federal Supreme Court has ruled that a motion for declaratory decision is not to be filed with the invalidity courts, but with the German Patent and Trademark Office.
Read the decision (in German) here.
Head note: Tilman Müller-Stoy