"[...] In a draft paper setting out options for the EU's intellectual property protection, entitled 'A patent strategy for Europe', the Commission floats the possibility of a halfway-house, creating a European Patent Judiciary (EPJ) for litigation on European patents, which would be subject to the European Court of Justice (ECJ). At the outset, this would oversee patents granted by the European Patent Office (EPO), a non-EU body based in Munich. [...]"
The paper appears to incorporate some sort of compromise by adopting EPLA (with an European Patent Judiciary under the auspices of the European Court of Justice) formally by the EU in order to preserve, in return, a (maybe somewhat dim) political option to establish a full EU Community Patent some years later. This tactics could in particular avoid any legal hassle as to whether or not EPLA as it stands now violates mandatory EU law.
Well, common gossip says it is most likely that Mr. McCreevy will hand over this proposal to the current German EU Presidency and then wait and see what will happen.