UPC latest - German constitutional challenge is upheld

This morning (20 March 2020), contrary to the expectations of most commentators, the German Constitutional Court has upheld the complaint against Germany’s ratification of the UPC.

However, it appears to have done so on the basis that it did not have the two-thirds super-majority required under the German Constitution for a transfer of judicial authority.

If that means that the other, more fundamental, objections were rejected, then if there is still support for this project in Germany, there could potentially be a further vote within the German parliament, and the UPC could be brought into effect in due course.

That said, changes would have to be made first in view of the UK government’s recent decision not to take part in the UPC, despite having ratified the treaty post-Brexit.

Willem Hoyng, member of the Drafting Committee of the UPC's Rules of Procedure, provided the following comment: “Today's decision will set back the UPC project at least five years. Also in light of Brexit, it will require participating states to renegotiate the UPC Agreement.”.