UPC - Provisional Application Period enters into force

Thank you for spotting the error in the origin of the website. I have corrected the post. Otherwise, the treaty has obviously not yet been declared into force, but the Preparatory Committee will work towards making this possible within a year (or even 8 months, in the most optimistic scenario) and Germany has already concluded its internal preparations to ratify as soon as the Preparatory Committee is ready.

Thorsten, I think that the "Treaty" to which Andre refers is the PAP ... which allegedly HAS entered into force. I too had expected a signing ceremony for a "Declaration on the authentic interpretation of Art. 3 of the PAP-Protocol", which was supposed to take place "in the margins of a future COREPER meeting". Perhaps a signing ceremony will still happen, though there is no mention of such in connection with this week's COREPER meeting (https://www.consilium.europa.eu/en/meetings/mpo/2022/1/coreper-1-(313748)/). However, even if one accepts the rather dubious premise that the crystal-clear wording of Art. 3 of the PAP-Protocol can be given an alternative meaning, it is far from clear whether it is permissible to rely upon a purported "authentic interpretation" that has not yet been formally approved by the Participating Member States. We shall have to wait and see what the Member States agree regarding reallocation of the duties of the London branch of the central division. I very much hope that it is more legally defensible than what has happened with the PPI and PAP.

"Perhaps the Preparatory Committee will helpfully explain how that can be." Nope, they won't be of any help. Maybe a question to the CJEU would help?