Passaggi chiave della sentenza:

1. The Agreement 
on a Unified Patent Court (UPC) has been ratified by means of the Act of
 Approval. This was passed using the ordinary legislative procedure 
(majority of 50%+1) 
2.
 The UPC Agreement conferred judicial functions to a supranational court
 and set out that this court would have had exclusive competence to 
decide on certain legal disputes. 
3.
 An act that ratifies an international treaty that is closely tied to 
the EU´s integration agenda must comply with Article 23(1) of the 
Constitution, which regulates the transfer of sovereign powers to the EU
 
4.
 The UPC would have transferred sovereign powers and affected citizens 
fundamental rights under the Constitution, therefore its ratification 
would have required a 2/3 majority in the Parliament. 

La decisione 2 BvR 739/17 e' disponibile all'indirizzo https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/DE/2020/02/rs20200213_2bvr073917.html;jsessionid=CEC30614A1C6082FB896EFD8C0944E8B.1_cid383

On Mon, 23 Mar 2020 at 20:38, J.C. DE MARTIN <demartin@polito.it> wrote:

EU Software Patent Court stopped by Constitutional Court, patent industry will try again
By Benjamin HENRION
Brussels, 23 March 2020 — The third attempt to validate software patents in Europe via a central patent court (UPC) has been stopped by the German Constitutional Court. The Unified Patent Court (UPC) would have given the keys of the kingdoms to the patent industry, and the last word over software patentability. FFII predict that the patent industry will continue to push for an UPC v2.0.
http://blog.ffii.org/eu-software-patent-court-stopped-by-constitutional-court-patent-industry-will-try-again/

(Sent from my wireless device; please excuse brevity and typos (if any))
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Guido

Guido Noto La Diega, PhD FHEA Avv

Associate Professor of Intellectual Property and Privacy Law @stirlaw

Visiting Professor @unimc | Director @italiot | Fellow @nexacenter | Researcher @CRISP

E: notoladiega@gmail.com

W: @guidonld