Request for an opinion submitted by the Council of the European Union pursuant to Article 300(6) EC

(Opinion 1/09)

2009/C 220/24

Language of the case: all the official languages

Applicant

Council of the European Union (represented by: J.-C. Piris, F. Florindo Gijón and G. Kimberley, acting as Agents)

Questions submitted to the Court

Is the proposed agreement creating a unified patent litigation system (currently called the ‘European and Community Patents Court’) (1) compatible with the provisions of the Treaty establishing the European Community?

(1)  Council Working Document on a revised Presidency text of the Draft Agreement on the European and Community Patents Court and Draft Statute (document 7928/09 of 23 March 2009).