The rumor says the European Court of Justice (now Court of Justice of the European Union) thinks different than the EU-Council about the separation of the proposed EU patent court from the EU-system. The Council argues litigation costs prohibits further oversight, but are also protecting the responseless behavior from the European Patent Office. Keeping things intact could possibly fix the the European Patent Office mess with patents on abstract matters and the resulting patent inflation that is taxing innovation and growth. Axal Horns at IPJUR comments on notes from a unofficial hearing between the Council and the ECJ.
This would be a relief as of late since after EPO even chopping own tail trying to make anything patentable.