At the beginning of 2011, it was reported that the procedure that led to enhanced cooperation has progressed. Twenty-five Member States have written to the European Commission to participate, with Spain and Italy excluded, in part because of persistent concerns about translation issues. On 15 february, the European Parliament approved, by 471 votes to 160, the application of the enhanced cooperation procedure for unitary patent protection.  and on March 10, 2011, the Commission gave its approval.  Two days earlier, on 8 March 2011, the European Court of Justice had issued its opinion stating that the draft agreement establishing the European Tribunal and the Community Patent Tribunal was incompatible with EU law.  On the same day, the Hungarian Presidency insisted that this opinion would not compromise the enhanced cooperation procedure.  In November 2015, EU countries reached a major agreement on the financial distribution of unitary patent revenues. The agreement sets the distribution key for a first period of operation: 50% of the taxes are withheld by the EPO (European Patent Office), while the rest (minus an administrative tax) is distributed among the participating countries according to a formula taking into account THE GDP and the number of applications filed by that country. The distribution arrangements are subject to regular revision. The allocation key is reviewed every five years. Three instruments were proposed for the implementation of the unitary patent: On 30 May 2011, Italy and Spain challenged with the ECJ the Council`s authorisation to apply enhanced cooperation for the introduction of the trilingual system (English, French, German) of the unitary patent, which they considered discriminatory for their languages, on the grounds that it was not in accordance with the EU treaties.   In January 2013, General Counsel Yves Bot recommended that the Tribunal dismiss the complaint.
The Attorney General`s proposals are only advisory, but are generally followed by the court.  The case was dismissed by the Tribunal in April 2013, but in March 2013, Spain filed two new appeals to the ECJ against regulations transposing the unitary patent package.