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Action brought on 22 March 2013 - Kingdom of Spain v European Parliament and Council of the European Union

(Case C-146/13)

Language of the case: Spanish


Applicant: Kingdom of Spain (represented by: E. Chamizo Llatas and S. Centeno Huerta, Agents)

Defendants: European Parliament and Council of the European Union

Form of order sought

-    Declare legally non-existent Regulation (EU) No 1257/2012  of the European Parliament and of the Council of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection and, in the alternative, annul that regulation in its entirety;

-    In the alternative, annul:

(a)    Article 9(1) in its entirety, and Article 9(2) in the terms set out in the fifth plea in law in support of this action;

(b)    Article 18(2) in its entirety, and all references in Regulation No 1257/2012 to the Unified Patent Court as the judicial regime for the EPUE [European patent with unitary effect] and as the source of law for the EPUE

-    Order the European Parliament and the Council of the European Union to pay the costs.

Pleas in law and main arguments

Breach of the values of the rule of law in so far as a regulation has been established on the basis of a right granted by the European Patent Office, whose acts are not subject to judicial review.

Non-existence of an act of the European Union and, in the alternative, lack of a legal basis for Regulation No 1257/2012 in that it does not introduce measures guaranteeing the uniform protection envisaged in Article 118 TFEU.

Misuse of power through the use of enhanced cooperation for purposes other than those provided for in the Treaties.

Infringement of Article 291(2) TFEU and, in the alternative, misapplication of the Meroni case-law in the regulation of the system for setting renewal fees and for determining the 'share of distribution' of those fees.

Misapplication of the Meroni case-law in the delegation to the European Patent Office of certain administrative tasks relating to the European patent with unitary effect.

Breach of the principles of autonomy and uniformity in the application of European Union law, as regards the rules governing the entry into force of Regulation No 1257/2012.


1 - OJ 2012 L 361, p. 1.