The European Court of Justice is to consider the compatibility of ACTA (Anti-Counterfeiting Trade Agreement) with the fundamental rights and freedoms of the EU.

The EU Trade Commissioner, Karel De Gucht, stated in a press announcement on 22 February 2012 that the European Commission had decided to submit ACTA to the European Court of Justice. The decision may have to be seen in the light of the increasing criticism by the European Parliament and several non-governmental organisations of the substance and the coming into existence of ACTA.

Several countries, including Germany, Poland and Holland, have already stated that they will not accept ACTA in its present form. ACTA is subject to approval by the European Parliament and is thereafter to be ratified internationally before coming into force.

The European Parliament has been scheduled to vote on ACTA in June 2012, but it is hardly likely that this will happen as the European Parliament will await the decision by the European Court of Justice.