"Hartmut Pilch, founder of the FFII, had the right vision in 2007 about the EU-EPLA project. Here is what he said about the future specialized patent court in Europe: I don't think EU joining EPC would automatically mean that ECJ can intervene on substantive patent law questions. If there is a ECJ above the EPJ, then probably only for very special questions relating to areas outside patent law, such as EU treaties, and it would not be accessible to the litigating parties but only to the EPJ itself or maybe to the Commission, member states and the EP."
Source: http://epla.ffii.org/forum/t-154963/hartmut-pilch-s-2007-vision-on-eu-epla-and-software-patents


