2 BvR 739/17
2 BvR 739/17 is a case decided on 13 February 2020 by the German Federal Constitutional Court (German: Bundesverfassungsgericht; abbreviated: BVerfG) in which the Court decided that the Act of Approval, i.e. for the ratification, of the Agreement on a Unified Patent Court of 19 February 2013 (EPGÜ-ZustG) in Germany was null and void, because it had not been approved by the German federal parliament (German: Bundestag) sitting with the required quorum.[1][2][3][4][5]
The case was initiated with a complaint filed in March 2017 by German lawyer Ingve Björn Stjerna and the order was published on 20 March 2020.[1][3] It was decided by the Court's second senate with Justice Andreas Voßkuhle presiding and Justice Peter Huber acting as judge rapporteur.[6] Among the Court's eight judges, Justices Ulrich Maidowski, Doris König, and Christine Langenfeld dissented.[1][3]
References
[edit]- ^ a b c "Act of Approval to the Agreement on a Unified Patent Court is void - Press Release No. 20/2020 of 20 March 2020 - Order of 13 February 2020 - 2 BvR 739/17". bundesverfassungsgericht.de. The Federal Constitutional Court. 20 March 2020. Retrieved 28 March 2020.
- ^ Klos, Mathieu (20 March 2020). "BREAKING: German Constitutional Court upholds UPC complaint". JUVE. Retrieved 28 March 2020.
- ^ a b c Rath, Christian (21 March 2020). "Noch mehr Karlsruher Kontrolle" [Even more control from Karlsruhe]. Legal Tribune Online (in German). Wolters Kluwer Deutschland GmbH. Retrieved 28 March 2020.
- ^ "Karlsruhe: Deutsche Zustimmung zu EU-Einheitspatent nichtig" [Karlsruhe: German approval of EU unitary patent void]. Zeit Online (in German). 20 March 2020. Retrieved 28 March 2020.
- ^ Kirsch, Christian (20 March 2020). "Bundesverfassungsgericht erklärt Gesetz über EU-Patent für nichtig" [Federal Constitutional Court annuls law on EU patent]. Heise Online (in German). Retrieved 28 March 2020.
- ^ Schulze, Christina (20 March 2020). "Straight shooter: The judge behind the German UPC decision". JUVE. Retrieved 28 March 2020.
Further reading
[edit]- "Reactions to ruling FCC in case Unified Patent Court: 'positive' and 'great disappointment'". Kluwer Patent Blog - patentblog.kluweriplaw.com. Kluwer Law International. 20 March 2020. Retrieved 28 March 2020.
External links
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