Hartmut Pilch had the right vision in 2007:
"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 European Patent Judiciary, 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."
He continues: "In July 2005, after several failed attempts to legalise software patents in Europe, the patent establishment changed its strategy. Instead of explicitly seeking to sanction the patentability of software, they are now seeking to create a central European patent court, which would establish and enforce patentability rules in their favor, without any possibility of correction by competing courts or democratically elected legislators."
" Protecting the Knowledge Economy from Legal Over-Regulation"