Tuesday, 10 April 2012

ACTA referred to the CJEU

Last week the European Commission decided the details of its referral of the Anti-Counterfeiting Trade Agreement (ACTA) to the CJEU in order to clarify whether it does not infringe any fundamental rights (Update on ACTA's referral to the European Court of Justice). The broad scope of the referral question is supposed to allow the CJEU to conduct a detailed examination of the character of the ACTA and to see whether it does not infringe such principles as, e.g., the freedom of expression, freedom of information, data protection rights, as well as the right to property. Taking into account protests of the EU citizens (and, more generally, worldwide online communities) against the introduction of the ACTA and other connected to it acts (see our article: Don't ______ the internet!), it does not come as a surprise that the European Commission wants to alleviate some doubts and fears as to the functioning of the ACTA.

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