News from the German Federal Constitutional Court on the challenge to the UPC system

The German Federal Constitutional Court (FCC) has provided the following further information on the challenge to the UPC system brought in June by an unnamed private individual.

As reported on the Kluwer Patent Blog the German Federal Constitutional Court (FCC) has provided the following further information on the challenge to the UPC system brought in June 2017 by an unnamed private individual:

“In terms of substance, plaintiff is essentially asserting a breach of the limits to surrendering sovereignty that are derived from the right to democracy (Art. 38 (1), clause 1, Basic Law). Primarily the following violations are asserted:

  • breach of the requirement for a qualified majority arising from Art. 23 (1), sentence 3, in conjunction with Art. 79 (2) Basic Law
  • democratic deficits and deficits in rule of law with regard to the regulatory powers of the organs of the UPC
  • the judges of the UPC are not independent nor do they have democratic legitimacy, and
  • breach of the principle of openness towards European law owing to alleged irreconcilability of the UPC with Union law.

The proceedings are pending; a specific date for the decision is presently not foreseeable.”

For further information see: Kluwer Patent Blog. Since the FCC has not yet given a date for its decision it seems likely that the challenge will delay further the timetable for the start of the UPC.

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