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What is UPCS 038?

This is Article 038 from the UPCS (Satzung des Gerichts — Anhang I zum Übereinkommen), which is part of the legal framework governing the Unified Patent Court in Europe.

UPCS Article 038

Legal Text

Questions referred to the Court of Justice of the European Union

1.

The procedures established by the Court of Justice of the European Union for referrals for preliminary rulings within the European Union shall apply.

2.

Whenever the Court of First Instance or the Court of Appeal has decided to refer to the Court of Justice of the European Union a question of interpretation of the Treaty on European Union or of the Treaty on the Functioning of the European Union or a question on the validity or interpretation of acts of the institutions of the European Union, it shall stay its proceedings.

Applied In

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Official Source

This legal text is from the official UPCS framework governing the Unified Patent Court.

Reference: UPCS 038 (Article 038)

Unified Patent Court Official Website