Reports of Cases before the Court of Justice and the Court of First Instance V. 2015-5

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2015-5 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2015)

handle is hein.intyb/rcbjcofi0369 and id is 1 raw text is:

ZReports of Cases

Case C-146/13

Kingdom of Spain
V
European Parliament
and
Council of the European Union

(Action for annulment - Implementing enhanced cooperation - Creation of unitary patent
protection - Regulation (EU) No 1257/2012 - First paragraph of Article 118 TFEU - Legal basis -
Article 291 TFEU - Delegation of powers to bodies outside the European Union - Principles of
autonomy and uniform application of EU law)

Summary - judgment of the Court (Grand Chamber), 5 May 2015

1. Approximation of laws - Industrial and commercial property - Patent right - European patent
with unitary effect - Regulation No 1257/2012 establishing the conditions for implementing
unitary effect - Purpose

(European Parliament and Council Regulation No 1257/2012, Arts 1(2) and 2(b) and (c))

2. Acts of the institutions - Choice of legal basis - Criteria - Regulation No 1257/2012
implementing enhanced cooperation in the area of the creation of unitary patent protection -
Adoption on the basis of the first paragraph of Article 118 TFEU- Lawfulness
(Arts 4 TFEU and 118, first para., TFEU; European Parliament and Council Regulation
No 1257/2012)

3. Action for annulment - Pleas in law - Misuse of powers - Meaning

(Art. 263 TFEU)

4. Acts of the institutions - Regulations - Implementation by Member States - Obligation to
implement legally binding Union acts - Meaning - Setting by Regulation No 1257/2012 of the
level of renewal fees for European patents so as to allow the European Patent Office to carry out
the tasks which must be entrusted to it by the Member States participating in enhanced
cooperation regarding unitary patents - Included - Infringement of Article 291 TFEU owing to
the delegation of implementing powers to those Member States and not to the Commission or the
Council - None

(Art. 291(1) and (2) TFEU; European Parliament and Council Regulation No 1257/2012, Art.
9(1)(e) and (2))

ECLI:EU:C:2015:298