The ECJ on enhanced cooperation: is it the end, or is it the beginning?
On 16 April 2013 the European Court of Justice (“ECJ”) handed down a judgment dismissing the nullity actions filed by Spain and Italy against Council Decision 2011/167/EU, of 10 March 2011, whereby an enhanced cooperation procedure was approved relating to the creation of a unitary patent (joint cases C-274/11 and C-295/11). This decision has of…