UPC: German ratification stayed pending resolution of judicial challenge

Today, we learned that the Office of the President of the Federal Republic of Germany has agreed to suspend the Presidential signature required for formal ratification of the UPC Agreement until the German Federal Constitutional Court (“Bundesverfassungsgericht”) has reached a decision in the ongoing expedited proceedings relating to an action (“Verfassungsbeschwerde”) challenging said ratification, proceedings pending under docket no. 2 BVR 739/17.

A spokesperson of the Court responded to our immediate verbal request for comment by orally confirming that the suspension was agreed to by the Office upon request by the judge rapporteur in the above-mentioned proceedings. She also emphasized that no decision “against” the UPC Agreement had been reached by the Court. Rather, the measure is merely a means for postponing ratification in order to give the Court sufficient time to reach a verdict. The spokesperson was unable to confirm a date upon which the Court’s decision will become available.

The German ratification would need to be deposited in September if the Court is going to open on the 1st of January. Therefore, there is still time left - and it certainly makes sense to wait for the judgment of the Constitutional Court.