BRUSSELS — Lawmakers in the European Parliament’s legal affairs committee have voted to go ahead and sue the European Commission for axing a proposal to regulate patent licensing.
The JURI committee on Tuesday voted in favor of referring the Commission to the Court of Justice of the European Union for breaching EU law by withdrawing a proposal to regulate standard essential patents.
The patents, for 4G and 5G networks used in mobile phones and connected cars, have been at the center of a long-running battle between the companies that own them and those that use them. European lawmakers have supported efforts to resolve the fight — and some accuse the EU executive of attacking democracy by killing off the initiative.
President Roberta Metsola now needs to mandate the Parliament’s legal service to draft and file a case by Nov. 14, a Parliament official said, citing rules of procedure. If she intends to depart from JURI’s conclusions, she could also bring it to the Conference of Presidents or, in an unlikely scenario, submit it to a plenary vote, they added.
Fourteen MEPs voted in favor of the action, against eight who opposed it, the official said. The vote was held behind closed doors.
The motion was spearheaded by German Social Democrat René Repasi, coordinator for the Committee on Legal Affairs and standing rapporteur for disputes involving the Parliament.
“With today’s vote, we send a clear message: we will not stand by when the Commission oversteps its mandate,” Repasi said in an emailed statement following the vote.
“The Commission’s right to withdraw a proposal, as was conducted with the Standard-Essential Patents (SEP) proposal, cannot be used as a political instrument to short-circuit Parliament’s work or to enforce a deregulation agenda from above. This is not in line with how the democratic processes in the European Union are meant to function.”
Members of the European People’s Party, the center-right party allied to Commission President Ursula von der Leyen, were instructed to vote against taking legal action.
“Today’s vote reflects Parliament’s concern about the balance of powers between EU institutions, but we must be clear: This legal action will not bring back the withdrawn legislative proposal,” Adrián Vázquez Lázara, the EPP’s lead on the issue, told POLITICO.
While he acknowledged that the withdrawal of the SEP bill raised some question marks, Vázquez Lázara said that legal action was not the right solution.
“What can be questioned, however, is the wording and justification used in this specific withdrawal, which raises legitimate concerns about institutional transparency and communication,” Vázquez Lázara said. “Those Members who wish to see the proposal revived should seek political and legislative avenues to achieve that goal, rather than resorting to institutional confrontation.”
Patent implementers, which historically supported the regulation and range from carmakers to Big Tech companies and SMEs, cheered the move.
“There is still hope for democracy and fairness in the EU legislature,” said Evelina Kurgonaite of the Fair Standards Alliance, which represents the patent users. “We thank MEP [Marion] Walsmann and other JURI members for their leadership in fighting for a fair chance at innovation for businesses in Europe, especially SMEs.”
The Commission declined to comment.
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