"Question for written answer E-005551/2021
to the Commission
Rule 138
Patrick Breyer (Verts/ALE)
Subject: The compatibility of the Unified Patent Court with EU law
Over the last 10 years, the Court of Justice of the EU (CJEU) has developed an established body of
case law regarding the compatibility of international courts with EU law1
.
In its judgment in Paul Miles and Others v European Schools (2011), the CJEU stated that: ‘the
Complaints Board [at hand] is not such a court common to [...] Member States. Whereas the Benelux
Court [...] procedure [...] is a step in the proceedings before the national courts leading to definitive
interpretations of common Benelux legal rules [...], the Complaints Board does not have any such
links with the judicial systems of the Member States’.
The CJEU’s criterion for a ‘court common to [...] Member States’ is that it should have functional links
with the courts of the Member States when it has to apply EU law and cooperate with the CJEU.
1. Does the proposed Unified Patent Court comply with this criterion?
2. If so, what are its links with the courts of the Member States?
"
Réponse de Mr Breton sur la sous-question 1 "Does the proposed Unified Patent Court comply with this criterion?":
[^] # Re: Corruption
Posté par Benjamin Henrion (site web personnel) . En réponse au journal Nokia et Airbus élus juges à la future Cour Unifiée des Brevets, la corruption de la Justice. Évalué à 3.
"En général ces gens entendent bien et ne veulent entendre que les groupes de lobby qui savent leur susurrer aux oreilles ..."
Tiens Mr Breton n'a pas répondu à une question sur le sujet, la question étant "est-ce que le critere est bien un lien avec les Cours Nationales":
https://www.europarl.europa.eu/doceo/document/E-9-2021-005551_EN.html
"Question for written answer E-005551/2021
to the Commission
Rule 138
Patrick Breyer (Verts/ALE)
Subject: The compatibility of the Unified Patent Court with EU law
Over the last 10 years, the Court of Justice of the EU (CJEU) has developed an established body of
case law regarding the compatibility of international courts with EU law1
.
In its judgment in Paul Miles and Others v European Schools (2011), the CJEU stated that: ‘the
Complaints Board [at hand] is not such a court common to [...] Member States. Whereas the Benelux
Court [...] procedure [...] is a step in the proceedings before the national courts leading to definitive
interpretations of common Benelux legal rules [...], the Complaints Board does not have any such
links with the judicial systems of the Member States’.
The CJEU’s criterion for a ‘court common to [...] Member States’ is that it should have functional links
with the courts of the Member States when it has to apply EU law and cooperate with the CJEU.
1. Does the proposed Unified Patent Court comply with this criterion?
2. If so, what are its links with the courts of the Member States?
"
Réponse de Mr Breton sur la sous-question 1 "Does the proposed Unified Patent Court comply with this criterion?":
https://www.europarl.europa.eu/doceo/document/E-9-2021-005551-ASW_EN.html
"blah blah rien sur le critère exposé"
Ou comment éviter une question parlementaire.