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

News of Nokia signing a licensing deal with a Chinese automaker and Linklaters appointing a new head of tech and IP were also among the top talking points
After five IP partners left the firm for White & Case, the IP market could yet see more laterals
The court plans to introduce a system for expert-led SEP mediation, intended to help parties come to an agreement within three sessions
Paul Chapman and Robert Lind, who are retiring from Marks & Clerk after 30-year careers, discuss workplace loyalty, client care, and why we should be optimistic but cautious about AI
Brantsandpatents is seeking to boost its expertise across key IP services in the Benelux region
Shwetasree Majumder, managing partner of Fidus Law Chambers, discusses fighting gender bias and why her firm is building a strong AI and tech expertise
Hady Khawand, founder of AÏP Genius, discusses creating an AI-powered IP platform, and why, with the law evolving faster than ever, adaptability is key
UK firm Shakespeare Martineau, which secured victory for the Triton shower brand at the Court of Appeal, explains how it navigated a tricky test regarding patent claim scopes
The firm’s managing partner said the city is an ‘exciting hub of ideas and innovation’
In our latest podcast, Deborah Hampton talks through her hopes for the year, INTA’s patent focus, London 2026, and her love of music
Gift this article