While the EU common patent package was cleared by the EU Council and the Parliament, Advocate General Yves Bot has delivered his opinion on the actions brought by Spain and Italy against the Council’s decision authorising enhanced cooperation in the area of the unitary patent.

In sum, the Advocate General upheld that the EU was entitled to adopt the rules via enhanced co-operation and stated that the Court of Justice of the European Union should reject all the pleas put forward by Spain and Italy and, "consequently, should dismiss both actions".

The Advocate General’s opinion is not binding to the Court of Justice. It is the role of Advocates General to propose to the Court, in complete independence, a legal solution to the cases for which they are responsible. The Judges of the Court are now beginning their deliberations in this case.

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