writes "whatever happens next week, the European Commission will wait for the European Court of Justice (ECJ) to rule on whether ACTA is compatible with EU law. If it is found to be incompatible, De Gucht admits that rather than accept this ruling, the European Commission will try to find some trick to circumvent it:
If the Court questions the conformity of the agreement with the Treaties we will assess at that stage how this can be addressed.
This implicitly confirms that the referral was simply a way to buy time, rather than an honest question about ACTA's legality."Link to Original Source