European Commission Directorate-General for Trade

ACTA | Brussels - 11 May 2012

European Commission officially referred ACTA to the European Court of Justice

Statement by John Clancy,  EU Trade Spokesman:

 “We can confirm that the European Commission has now officially submitted its request for an opinion on ACTA to the European Court of Justice. The Court’s opinion is vital to respond to the wide-ranging concerns voiced by people across Europe on whether ACTA harms our fundamental rights in any way. The European Commission has a responsibility to provide Members of the European Parliament and the public at large with the most detailed and accurate information available. We now look forward to Europe's top court to independently clarifying the legality of this agreement. Let us reiterate our firm position that we call on the European Parliament to await this Court opinion before deciding on ACTA.”

 The question the Commission asked to the Court is:

"Is the envisaged Anti-Counterfeiting Trade Agreement (ACTA) compatible with the Treaties and in particular with the Charter of Fundamental Rights of the European Union?"

• More information on ACTA
• Speech by EU Trade Commissioner De Gucht on the decision to refer ACTA to the European Court of Justice, 22 February 2012
• Summary of the Commission's referral to the European Court of Justice