On 26.06.2011, the EU Council of Ministers, on request of several delegations, released a general approach on the two draft regulations on the EU patent. Prior to this, the non-participating member states, Spain and Italy had filed a lawsuit with the European Court of Justice with regard to the Regulation implementing enhanced cooperation in the area of the creation of unitary patent protection. By the lawsuit, Spain and Italy turn against the other 25 member states and their agreement to an enhanced cooperation, which has been concluded after the community patent throughout the EU failed at the end of 2010 due to Spain's and Italy's opposition. The main obstacle between Italy and Spain on the one hand side and the other member states on the other hand side, is the envisaged language provision.
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