On 11 December 2012, The European Parliament has approved, by means of the enhanced cooperation procedure, the creation of a common European Union patent system, All EU's member states have confirmed that they will sign up for the new procedure apart from Italy and Spain, which object the chosen language regime based on English, French or Germany, deemed discriminatory. Presently before the Court of Justice is pending the complaint lodged by Italy and Spain against the Council’s decision of 10 March 2011 no. 167 authorizing enhanced cooperation in the area of the creation of unitary patent protection. However the two nations are free to join in the new system any time they wish.