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The 'common court' is being disputed by academics, as the jurisprudence of the CJEU on what is a 'common court' does not fly with removing national courts from
by zoobab 4y ago
The 'common court' is being disputed by academics, as the jurisprudence of the CJEU on what is a 'common court' does not fly with removing national courts from interpreting EU law (art 4.3TFEU, art19.1TFEU and art267TFEU):
https://ffii.org/unified-patent-court-wont-survive-a-legal-challenge-at-the-european-court-of-justice-says-dr-thomas-jaeger/ https://ffii.org/unified-patent-court-wont-survive-a-legal-c...
Countries basically misread the opinion 1/09 of the CJEU, with a similar design (national courts being removed) that was rejected in 2011.
Now the question is how to get this question to the CJEU ASAP.
The German Const Court did not want to escalate the question, this was seen as a political decision by the complainant Dr Stjerna.
Guess which country will profit the most from the reform, and which country controls the new Court?