EU refers ACTA to Court of Justice

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

EU refers ACTA to Court of Justice

ACTA, the controversial international anti-piracy and counterfeiting treaty, has hit another hurdle after the European Commission announced this morning that it would ask Europe’s Court of Justice to consider its legality

The Court is expected to provide a legal statement that clarifies whether the Anti-Counterfeiting Trade Agreement and its implementation are fully compatible with freedom of expression and freedom of the internet.

The move comes after coordinated protests against the Agreement across the globe earlier this month organised by digital rights activists. Last week the European Commission responded by taking the highly unusual step of detailing all the negotiations and consultations that led to the signing of ACTA, countering allegations that the process was not transparent.

But more protests are scheduled for Saturday. Many of the protesters are concerned that the Agreement will limit what internet users can do online.

Speaking at a press conference today, EU Trade Commissioner Karel De Gucht defended the EU’s position towards ACTA, saying that EU negotiators had persuaded other parties to the deal to make negotiating texts public, and that debates within the European Parliament had “heavily influenced” the final version of the Agreement.

But he said that the Commission is a “democratic institution” and that it is important that the Court of Justice of the European Union gives its guidance on the legality of ACTA.

Another Commissioner, Viviane Reding, who holds the justice, fundamental rights and citizenship portfolio, said in a statement today that she is “against all attempts to block internet websites”.

“Even though the text of the ACTA agreement does not provide for new rules compared to today's legal situation in Europe, I understand that many people are worried about how ACTA would be implemented.”

She stressed that so-called three-strikes laws, which could cut off internet access without a “prior fair and impartial procedure or without effective and timely judicial review”, will “certainly not” become part of European law.

Managing IP has a dedicated page on ACTA, with analysis of all the negotiations.

more from across site and SHARED ros bottom lb

More from across our site

After Matthew McConaughey registered trademarks to protect his voice and likeness against AI use, lawyers at Skadden explore the options available for celebrities keen to protect their image
The Via members, represented by Licks Attorneys, target the Chinese company and three local outfits, adding to Brazil’s emergence as a key SEP litigation venue
The firm, which has revealed profits of £990,837, claims it is the disruptive force in the IP-legal industry
In the first of a two-parter, lawyers at Santarelli analyse the patentability of therapeutic inventions where publication of clinical trial protocols occurs before the application's filing date
Arun Hill at Clarivate assesses the Top 100 Global Innovators 2026 list, including why AI has assumed a strategic importance for innovation
Practitioners and law firms should keep their eyes peeled for the shortlists for our annual awards
Despite a broader slowdown in US IP partner hiring in 2025, litigation demand drove aggressive lateral expansion at select firms
Winston Taylor is expected to launch in May 2026 with more than 1,400 lawyers across the US, UK, Europe, Latin America and the Middle East
News of White & Case asking its London staff to work from the office four days a week and a loss for Canva at the Delhi High Court were also among the top talking points
With boutiques offering an attractive alternative to larger firms, former Gilbert’s partner Nisha Anand says her new firm will be built on tech-smart practitioners, flexible fees, and specialised expertise
Gift this article