On 11 December 2012, Advocate General Bot gave his Opinion on Joined Cases C-274/11 and 295/11, proposing that the Court of Justice of the European Union ("ECJ") dismiss the cases brought by Spain and Italy challenging the other 25 Member States' use of the "enhanced cooperation" procedure to create an EU-wide unitary patent system. While this is certainly a positive development, the ultimate decision as to whether the use of "enhanced cooperation" is compatible with the EU Treaties lies with the ECJ, which is expected to give judgment in the middle of 2013.
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