19/02/2020 (Agence Europe) – Germany is not entitled to ratify the Unitary Patent (United Patent Court - UPC) because of Brexit, according to the FFII (Foundation for a Free Information Infrastructure), an organisation that defends information rights and freedoms, in a statement released Wednesday, 19 February. As a result of Brexit, the organisation explains, the UPC becomes an agreement that falls within the external competence of the European Union (Articles 216 and 218 TFEU), the United Kingdom having now become a "third state" within the meaning of the 1971 AETR case law of the EU Court of Justice. For the organisation, things are clear: if Germany proceeds with ratification, this would open up the possibility of a second constitutional complaint. As a reminder, the ratification of the Unitary Patent is still suspended by the decision of the German Constitutional Court (see EUROPE B12310B17). (PH)