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

US corporates are using the UPC, but much of that work still flows to European boutiques. Last week’s merger, as well as others, could alter that dynamic
Publicly listed Australian group IPH delivered on its promise to profoundly shake up the Canadian market. Four years on, rivals have had time to adapt
IP practitioners debate whether new guidelines will make it more difficult to challenge a patent
Varuni Paranavitane says she is excited to bring ‘rounded expertise’ to the firm, which will have a solicitor in its ranks for the first time
Lawyers adapting to AI-driven recommendations are being pushed to demonstrate expertise publicly rather than simply relying on a polished website
Mid-market businesses looking to establish an online presence need ‘holistic’ brand protection services at an accessible cost, according to partners
Our latest update also includes the latest case filing statistics, and an update on how a transatlantic merger could be a UPC opportunity for the US half of the partnership
New partners, from biotech company Leyden Labs and Novartis, take the total number of partner hires to 12 since the firm took on external investment in late 2024
Labelled the ‘largest law firm merger in history’, the new outfit could also spell an opportunity for US clients to capitalise on Hogan Lovells' UPC expertise
Andy Lee and Amy Brooks of Brandsmiths explain how the firm secured a win for Peppa Pig over rival children’s character Wolfoo, in a case that centred on copied audio clips
Gift this article