Introductory text

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 328(1) and 331(1) thereof,

Having regard to Council Decision 2011/167/EU of 10 March 2011 authorising enhanced cooperation in the area of the creation of unitary patent protection^f1,

Having regard to the notification by Italy of its intention to participate in enhanced cooperation in the area of the creation of unitary patent protection,

Whereas:

On 10 March 2011, the Council decided to authorise enhanced cooperation between Austria, Belgium, Bulgaria, the Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Sweden and the United Kingdom in the area of the creation of unitary patent protection.

On 17 December 2012, the European Parliament and the Council adopted Regulation (EU) No 1257/2012^f2.

On 17 December 2012, the Council adopted Regulation (EU) No 1260/2012^f3.

Italy has notified its intention to participate in enhanced cooperation in the area of the creation of unitary patent protection by letter dated 2 July 2015, which the Commission registered as received on 20 July 2015.

The Commission notes that neither Decision 2011/167/EU nor Regulations (EU) No 1257/2012 and (EU) No 1260/2012 prescribe any particular conditions of participation in enhanced cooperation in the area of the creation of unitary patent protection and that Italy's participation should strengthen the benefits of this enhanced cooperation,

HAS ADOPTED THIS DECISION: