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16 Aug 2021

Reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg

Following the decision of the Federal Constitutional Court of June 23, 2021, rejecting the applications for a preliminary injunction against the Act of Approval of the UPC Agreement (UPCA), the German Federal President signed the Law on August 7, 2021 and the Law was published in the Federal Law Gazette Part II, 2021, 850 on August 12, 2021. The Act entered into force one day thereafter.

The German Government is now empowered to deposit its instrument of ratification of the UPC Agreement (UPCA) and the Protocol on its Provisional Application. The UPCA will enter into force on the first day of the fourth month after the deposit of the German instrument of its ratification. Germany is expected not to deposit its instrument of ratification of the UPCA until it is foreseeable that the preparatory work can be terminated in good time before the actual start of the operation of the UPC. For the final preparatory work to start, two further instruments of ratification, acceptance or approval of the Protocol are still necessary.

After the decision of the German Federal Constitutional Court, the Preparatory Committee announced a timetable for the start and execution of the Provisional Application Period, however such a timetable has not yet been published. The Chairman of the Preparatory Committee has envisaged a period of 8 months for this work.

The Act of Approval of the UPCA (in German) can be read here.