On 19 April 2011 the Greens/EFA Group writes to the President of the European Parliament Mr. Buzek:
"The draft Anti-Counterfeiting Trade Agreement (ACTA) would have legal implications in several fields of legislative competence of the European Parliament, including new ones, such as criminal law."
"In order to have legal certainty, and to avoid that questions of the compatibility with the treaties arise during the ratification process, or after the ratification of the agreement, we would like to request that the European Parliament seeks an opinion of the European Court of Justice concerning ACTA."
"Pursuant to Article 218(11) TFEU, the European Parliament submits the following request for an Opinion of the Court: Is the envisaged Anti-Counterfeiting Trade Agreement (ACTA) compatible with the Treaty on European Union and Treaty on the Functioning of the European Union?"
The letter was signed by MEP Rebecca Harms and MEP Jan Philipp Albrecht in accordance with the decision of the Committee on Constitutional Affairs in the file REG/2011/2059 EP Rules of Procedure: exercise of Parliament's rights vis-à-vis the Court of Justice, interpretation of Rule 128.