Article 38

Questions referred to the Court of Justice of the European Union

Agreement On A Unified Patent Court

Annex I – Statute of the Unified Patent Court

Chapter 4 – Procedural provisions


Article 38 – 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.

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