German UPC complaint on list of constitutional cases 2018

February 22, 2018

The German Constitutional Court has placed the complaint filed against the UPC Agreement on the list of cases it wants to decide on in 2018.

The list was published by the Bundesverfassungsgericht (Constitutional Court) on the 21st of February and gives an overview of all 36 cases the Second Senate intends to decide on. This, however, does not mean that a decision in 2018 is certain. Cases put on the list have been pushed in the past.

If the case, claiming that the UPC Agreement is in breach with the German Constitution and EU law, comes in front of a court, the judges will have a significant hand in the future of the Unitary Patent. A dismissal of the complaint in 2018 (before the Brexit) would mean the potential realization of the Unified Patent and its court, while the opposite outcome pushes the progress of the system in a complicated position, as Germany is one of the countries who has to ratify the Agreement for it to come into force.