ECJ: No Discrimination by Language Selection

The European Court of Justice (ECJ) decided that the language selection of the European Patent Court is no discrimination (Judgment dated 05 May 2015; Case No.: C-147/13). Background of the Case and Subject Matter The Kingdom of Spain claims infringement of the principle of non-discrimination on the ground of language since the regulation establishes, with respect to the European patent with unitary effect (EPUE), a language arrangement which is prejudicial to individuals whose language is not one of the official languages of the European Patent Office, which are English, French and German. Spain submits that any exception to the principle that the official languages of the European Union have equal status ought to be justified by criteria which are other than purely economic. Decision of the Court The ECJ recognizes that the regulation differentiates between the official languages of the EU. But, it emphasizes that the regulation has a legitimate objective, namely the creation of a uniform and simple translation regime for the EPUE so as to facilitate access to patent protection, particularly for small and medium-sized enterprises. The complexity and particularly high costs of the current European patent protection system constitute an obstacle to patent protection within the EU and affect adversely the capacity to innovate and compete of European businesses, particularly small and medium-sized enterprises. The Court emphasizes that the language arrangements established by the regulation give access to the EPUE and the patent system as a whole easier, less costly and legally more secure. The regulation is also perfectly executed, as it maintains the necessary balance between the interests of applicants for EPUEs and the interests of other economic operators.