Rules of Procedure of the Unified Patent Court (RoP)

Rule 266

Preliminary references to the Court of Justice of the European Union

1. At any stage of the proceedings where a question is raised before the Court and the Court considers that a decision on the question by the Court of Justice of the European Union (“CJEU”) is necessary before the Court can give judgment, the Court of First Instance may and the Court of Appeal shall of request the CJEU to give a ruling thereon.
2. The Court shall in requesting a ruling follow the procedure set out in the Rules of the CJEU.
3. If the Court requests the CJEU to apply its expedited procedure the order shall in addition set out

   • (a) the matters of fact and law which establish its urgency, and
     (b) the reasons why an expedited ruling is appropriate.

4. The Registrar shall as soon as practicable forward the order and any request to apply the expedited procedure to the Registrar of the CJEU.
5. Unless otherwise decided by the Court the proceedings shall be stayed until the CJEU has given a ruling on the question.

Notes

Status: 15th draft of 31st May 2013