With the adaption of two EU regulations by the European Parliament and Council and the signature of the Agreement on a Unified Patent Court, the unitary patent system seems soon to become a reality. The new system is based on a so-called ‘enhanced cooperation’ pursuant to Art 329 TFEU. Spain and Italy, the only EU Member States that chose not to participate, tried to prevent the other countries from proceeding without them by taking their case to the Court of Justice of the EU. They failed: yesterday, the Court dismissed their complaints against enhanced cooperation.