There would appear to be three bases for this challenge:
- language discrimination against Dutch-speaking Belgian citizens, which is forbidden by the Belgian constitution,
- the Rules of Procedure for the UPC and possible future amendments can pass into law without being confirmed by the Belgian legislator
At least this third plea has a familiar ring to it ...
- the European Patent Office lacks judicial responsibility, in contradiction of the Rule of Law.
2 comments:
> the Rules of Procedure for the UPC and possible future amendments can pass into law without being confirmed by the Belgian legislator
My humble opinion is that it's a strong point.
If one looks at the Rules of Procedure, on their substance, they resemble rules of national civil procedure. Usually, such law is created by a national legislator.
In Belgium the act approving the Agreement on a Unified Patent Court was published in Belgisch Staatsblad on 9 September 2014.
Any annulation appeals against acts that contain the approval of a treaty must be filed within 60 days of the publication of the act. (Art. 3 §2 Bijzondere Wet 6 januari 1989 op het Grondwettelijk Hof).
According to information on the website of the Constituional Court, this appeal was filed on 10 March 2015, so it is late filed.
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