“The ECJ will be asked, ‘Is ACTA in line with the existing treaties, the [shared EU common…”

“The ECJ will be asked, ‘Is ACTA in line with the existing treaties, the [shared EU common law], the European Charter of Fundamental Rights? … If the court says no to any of these things, ACTA, in my opinion, is dead.”

The European Parliament is set to refer the Anti-Counterfeiting Trade Agreement (ACTA) to the Court of Justice, which will add to an existing reference from the European Commission.  Long live the new age of rights-balancing in intermediary liability.