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

Amongst a sea of mergers, Lathrop GPM and HG Law have set out plans to combine, positioning themselves to compete with both IP boutiques and full-service firms
Patrícia Paias explains why she loves the science and business behind an idea and why potential rights owners must avoid the ‘file and forget’ philosophy
Lawyers eagerly await news of what IP specialist Sir Colin Birss will bring to one of the England and Wales judiciary’s most important roles
María Aurora García of Berken IP explains how intellectual property rights holders can use customs monitoring and online enforcement tools to identify parallel imports and support compliance with consumer protection rules
The Jakarta-based firm says personal networks and a distinctive strategy can help it guide foreign clients through what can be a tricky IP landscape
Munich litigation boutique formed by former Taylor Wessing partners continues expansion as it seeks to cement its position in the UPC market
Yvonne Tang and Siau Wen Lim, the second and third IP specialists to sit on the firm’s management committee, say IP is ‘uniquely positioned’ to support cross-practice work
As competing firms come under common ownership, clients may care less about formal conflicts and more about how openly firms discuss them
Facing increased lateral movement and in-house competition, firms are investing in flexible billing hours and tailored career progression to improve associate retention
As the US reflects on 250 years of independence, patent lawyers say innovation is reshaping old hiring priorities, with firms seeking broader IP expertise over specialisation
Gift this article