Enhanced cooperation as a tool to…enhance integration? Spain and Italy v. Council

Publishers Abstract:
Joined Cases C-274 & 295/11, Kingdom of Spain and Italian Republic v. Council of the European Union, Judgment of the Court of Justice (Grand Chamber) of Apr 16, 2013, nyr. are presented. This case certainly (re)casts doubts on variable geometries in the Union, particularly in areas where the integration is most advanced such as the internal market.

The lesson for States wishing to prevent enhanced cooperation on measures which they oppose due to some specific envisaged feature is that judicial control should be pursued by means of an action for annulment of the measures actually adopted. This is what Spain has now done in the case of unitary patent protection: it has brought actions against both Regulation 1257/2012 and Regulation 1260/2012. Hopefully the Court will live up to the promises made in the Unitary Patent ruling and review the compliance of the legislation implementing enhanced cooperation with some crucial requirements laid down in EU Treaties.