Re: [Patents] Council Presidency "Adopts" Software Patent Agreement

[Jonas Maebe <jonas.maebe@ugent.be>]

On 7 mrt 2005, at 13:48, Kristoff Bonne wrote:

>  The question now is:
>  - who at the EP has to take up this task of "looking if it is indeed 
> a common position"?

http://tinyurl.com/3z2m4

>  - Is there something we can do? (AFAIK, every EU citizen has the 
> right to start a case at the EU court if she thinks that her rights 
> are violated by a descision of the EU). (the question here is "as the 
> descision still has to go to the parliament for second reading; can we 
> speak of a "EU descision" or not?)

No, that is only possible after the directive has been adopted (i.e., 
when the procedure ends). For now, only member states or the EP can go 
to the ECJ. I don't know yet what the best course of action is for now, 
a lot depends on what the JURI committee, the EP rapporteur and the EP 
president will decide to do regarding rule 57.

Another thing is that a member state may reject the minutes of the 
Council session (although that's probably even more controversial than 
asking for a B item).


Jonas