The Kingdom of Spain and the Republic of Italy sought annulment of Council Decision 2011/167/EU of 10 March 2011 authorising enhanced cooperation in the area of the creation of unitary patent protection.

On April 16, 2013, the Court of Justice of the European Union dismissed this action and, by this, recognized that the creation of unitary patent protection by way of enhanced cooperation is admissible.

The next step will be the ratification by member states whishing to join the system.

Press release

Full text of the judgment