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withdrawn legislative proposal,” Adrián Vázquez Lázara, the EPP’s lead on the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.
Tag - Connected cars
PARIS — French authorities demanded Tesla stop advertising its cars as fully
self-driving and threatened the American automaker with €50,000-a-day fines if
it continues to engage in such “deceptive marketing practices.”
The order from France’s consumer watchdog on Tuesday follows an investigation
conducted in 2023 and 2024 after numerous complaints were filed. Tesla was found
to have broken French law over several of its business practices, like failing
to reimburse orders on time or provide receipts of cash payments.
The Elon Musk-owned company has four months to comply before the fines kick in.
This is not the first time Tesla has faced legal scrutiny over its vehicles’
autonomous capabilities. Germany’s competition watchdog sued Tesla in 2020 over
its marketing claims, saying Tesla promises more in the advertisements than it
can deliver. The automaker successfully appealed, however, and is still
advertising its cars as self-driving in Germany.
In the United States, the company has faced numerous wrongful death lawsuits
over accidents involving its Autopilot feature, which allows the vehicle to
steer, brake and accelerate on its own.
Once a desirable brand, Tesla is now facing numerous headwinds in France thanks
to Musk’s politics.
Ten owners are collectively suing the automaker over Musk’s role in the White
House and the subsequent decline in value of the cars. They also argue Musks’
politics have made their cars targets for acts of vandalism.
Tesla’s sales dropped 67 percent in May in France compared with the same month
in 2024, according to data from the country’s PFA registrar.
BARCELONA — When it comes to 5G, your smartphone is fooling you.
Many Europeans today might see a 5G icon when unlocking their phone, but are
most likely still riding on a lower-grade connection of boosted 4G.
Europe is lagging behind China and the United States on rolling out top-level
mobile internet known as 5G standalone (SA), so much so that some research
suggests only 2 percent of Europeans are connecting to it.
The lack of full-fledged 5G threatens to stall European innovation, keeping the
bloc’s industry stuck in the slow lane while other parts of the world speed
ahead. Industry officials warn the lag is aggravating Europe’s competitive
decline and the bloc’s ability to attract investment.
“At the start of the 5G cycle, vendors and operators put up huge promises about
how it is going to enable robotic surgeries, autonomous cars, all this different
stuff,” but none of that can be delivered until standalone architecture is in
place, said Luke Kehoe, an industry analyst at connectivity intelligence firm
Ookla.
European companies are missing out on faster speeds and game-changing
capabilities that were supposed to take the industry to the next level — making
factories smarter and more automated. Ultra-connected, robot-packed plants are
still a work in progress, partly because operators haven’t fully upgraded
networks, especially right down to the core parts, to the full 5G standard.
Trade association Connect Europe estimated that only 40 percent of the European
population was covered by 5G standalone by the end of last year, behind North
America (91 percent) and Asia-Pacific (45 percent).
But Ookla, which is behind the online tool Speedtest, crunched the data and
found that fewer than 2 percent of Europeans are actually connecting to it
today.
“We did see very, very clearly that Europe is markedly behind,” Kehoe said.
SIGNAL FOR INVESTMENTS IS WEAK
5G non-standalone (NSA) — which Europeans mostly have today — is like putting a
turbo engine in an old car. It boosts the speed but still relies on the previous
4G infrastructure.
5G standalone, on the other hand, is like building a new high-speed train system
from scratch. It requires time and money to optimize and upgrade the full
network.
If anything, the sluggish roll-out “is an indication that we do not have the
investment environment to compete,” according to John Giusti, the chief
regulatory officer for GSMA, the global association of mobile operators.
The bloc’s biggest telcos have warned for years that the regulatory landscape,
market fragmentation and restrictive merger policy in Europe have been squeezing
profits and stretching their wallets thin.
“We don’t have the return on capital coming in to the sector to further invest
and strengthen our networks. That is the core issue,” Giusti claimed.
Meanwhile, China — with more than twice as many robots in its factories as the
EU — has made 5G standalone a policy priority, Kehoe said.
The country has a “huge base of enterprises that are using 5G SA in a
manufacturing context for very, very low latency,” the critical time that data
takes to travel to a server and back. “That’s where I think Europe would miss
out now.”
India is also thriving, driven by its largest operator Reliance Jio, which
leapfrogged the non-standalone phase and rolled out standalone infrastructure
from day one.
But all hope is not lost for the old continent, as Ookla’s Kehoe underscored.
“Fiber is particularly important in terms of competitiveness and, on that
matter, Europe is doing very, very well.”
CHICKEN AND EGG
It’s not just about the money, or lack thereof, going into next-gen
infrastructure.
“What you see in Europe is actually very rational investors’ behavior,” said
Robert Mourik, chair of the BEREC group of European telecom regulators.
It’s a classic “chicken-and-egg” problem, he argued. “We are not investing too
far ahead of the demand” — noting the industry’s timid appetite for something
new — while also recognizing that struggling operators need to focus on clear
revenue opportunities.
Connect Europe reported nine new commercial launches of 5G SA networks last
year. It acknowledged that slow adoption “is largely due to operator concerns
that the return on investment is unclear, the technology is immature and the
migration from 5G to 5G SA is disruptive.”
For manufacturers selling the 5G kits, Europe needs to step on the gas. “I think
the risk is we fall even further behind on both the existing industries but also
missing out” on the ones “we don’t see yet,” said Jenny Lindqvist, Ericsson’s
head of market for Europe.
Europe needs to play catch-up, she emphasised. “We have other markets outside of
Europe where the infrastructure is there and we start seeing the new use cases.”
BRUSSELS — Slowly, surely, the European Union is tinkering with its own blocks
on Chinese connected-car technology like those proposed in the United States
this week.
After the U.S. government on Monday announced it wanted to ban Chinese tech
linking cars to the internet from American roads, European officials have echoed
Washington’s concerns about the spying, surveillance and sabotage risks posed by
what EU digital czar Margrethe Vestager described as “computers on wheels.”
A connected car “can register everything where it is, and it can also transmit
that data to those who have access to the data,” Vestager told reporters on a
U.S. visit Tuesday. The EU’s services “are looking at this, also with our
economic security experts,” she said, adding “it’s legitimate to look into
whether or not that kind of technology can be misused when it comes to security
issues.”
The focus on Chinese car technology opens up another front in an ongoing battle
among the U.S., China and other regions over who controls key technologies like
artificial intelligence, microchips and 5G; driving the rivalry are fears of
espionage, sabotage, economic coercion tactics and supply chain disruptions. It
also comes as Europe is already slapping trade tariffs on Beijing-subsidized
electric vehicles, in an effort to stop Chinese cars from flooding the bloc’s
market.
The U.S. Commerce Department’s Monday announcement is the latest barrier
Washington has wanted to impose on Chinese vehicles in recent years, but is the
first to address cyber-hacking threats. Canada and the U.K. are also considering
enacting bans or other legislation to address security concerns. In July U.S.
officials met with selected European countries and others to discuss
cybersecurity and data risks related to connected cars.
European officials, meanwhile, have been quietly working on measures that seek
to better understand and remedy the perceived risks of Chinese tech in cars.
One possible route is a draft “ICT supply-chain toolbox” that cybersecurity
officials are working to finalize in the coming weeks. The document will include
proposed measures on electric-vehicle connectivity as well as on renewables,
according to one person with knowledge of the drafting who was granted anonymity
to disclose details. It would resemble Europe’s 5G Security Toolbox, which led a
series of EU countries to ban, limit or phase-out Chinese telco vendor Huawei.
These “toolboxes,” however, are non-binding documents and rely heavily on the
willingness of national governments to turn them into tough restrictions.
European officials have echoed Washington’s concerns about the spying,
surveillance and sabotage risks posed by what EU digital czar Margrethe Vestager
described as “computers on wheels.” | Nicolas Tucat/Getty Images
On top of that, the EU in recent years has passed a patchwork of laws and
legislation ranging from cybersecurity policies in critical sectors, such as
transport, to rules on the management of data generated by connected devices.
But those rules aren’t used to target specific countries or suppliers — yet.
Dutch EU lawmaker Bart Groothuis, who worked on some of the mentioned rulebooks,
says everything now “hinges on the political will” to start a probe.
While the U.S. can act on national security grounds, Brussels has to leave such
decisions to European capitals.
“The U.S. is taking more of a national security approach to it, and the EU
doesn’t necessarily have that tool to deploy,” said Greta Peisch, former general
counsel with the Office of the United States Trade Representative, in response
to questions about the U.S. using national security to put a 100-percent tariff
on Chinese EVs.
NEW CAR CYBER RULE DENTED AUGUST SALES
Another tweak to Europe’s rules on cybersecurity in cars has already made an
impact in Europe. The United Nations Economic Commission for Europe is tasked
with setting certain regulations for autonomous vehicles and cybersecurity in
cars. A regulation that took effect in July has already limited the models
available in the EU.
Under the rule, manufacturers must implement a cybersecurity management system
that protects user data. The rule helped dent Chinese car sales figures in
August, according to European car analyst Matthias Schmidt.
MG — acquired by Chinese automaker SAIC in 2007 — registered zero vehicles in
July, which a Norwegian automotive official confirmed to Schmidt was caused by
the UN’s latest cyber regulation.
The rule also hit European carmakers, with Volkswagen subsidiary Porsche pulling
its Macan combustion-engine model from the bloc’s market for that very reason,
Schmidt said.
While the EU is considering its own moves on Chinese tech in cars, its
industries warned that the U.S. measures could cause significant pain to
Europe’s powerful car sector.
Under the proposed U.S. ban, European manufacturers could be forced to find new
suppliers if they use targeted parts in vehicles they export to the U.S. Several
brands import cars from their Chinese production hubs, such as BMW’s Mini and
iX3, meaning they could be hit by a European version of the regulation.
Automakers are also loath to anger Beijing, particularly German brands that
depend on the Chinese market for the bulk of their revenue.
Car lobby ACEA didn’t provide a specific comment on the expected impact.
European Commission spokesperson Thomas Regnier said the EU will “closely
monitor” the U.S. proposal and any “direct or indirect impact” it has. He added
that Brussels will “intensify its exchanges” with Washington — after an earlier
meeting at the end of July.
Sam Clark contributed reporting.