On 22 December we wrote that in Germany the bill to ratify the unitary patent and the UPC had already been adopted by the German Parliament. Now, as expected, several complaints have been filed with the Bundesverfassungsgericht, the Federal Constitutional Court. The complaints imply that the new system violates the German constitution.
It remains to be seen whether the Bundesverfassungsgericht is going to ask the German government to put the ratification on hold, pending the proceedings. If it does, the question is whether the German government will comply with this request.
This information is expected to become available within the next couple of weeks. If this request is not forthcoming, or if the German government decides not to comply with it, a significant potential obstacle to the entry into force of the new system will have been removed. The entry into force is then likely to take place before the Bundesverfassungsgericht reaches a decision.
Only Brexit and problems related to Brexit would then be able to stop the entry into force of the new system.
There then still seems to be a theoretical possibility that the Bundesverfassungsgericht will decide after the entry into force that the new system violates the German constitution. The consequences of this are difficult to predict.
We expect to be able to provide you with more news on this issue within the next couple of weeks.
If you have any questions please do not hesitate to contact me: E-mail
