RE: Vote in Favour of Referring the Commission’s SEP Withdrawal to the Court of Justice of the European Union

Dear Members of the European Parliament,

On behalf of Europe’s most innovative startups and small and medium-sized enterprises (SMEs), we, the members of ACT | The App Association, urge you to vote in favour of referring the Commission’s withdrawal of the SEP Regulation to the Court of Justice of the European Union.

Small tech startups and SMEs building Europe’s IoT devices, health technologies, sustainability tools, and safety-critical systems are essential to the EU Digital Decade, the EU Green Transition, and safety efforts like Vision Zero. Yet they face persistent obstacles from abusive SEP licensing practices when building on critical standards for interoperability and safety. SEP holders continue to use the legal uncertainty and lack of information in the current system to their advantage, even though they have agreed to license on fair, reasonable, and non-discriminatory (FRAND) terms. This allows them to assert broad or unclear claims and dictate licensing terms that SMEs cannot realistically assess or contest, leaving small companies to either accept conditions that are not FRAND, take on costly litigation, or walk away from the market entirely. These practices and harms have been extensively documented by the Commission itself and by courts in the EU.

Developed after years of study and consultation, the Commission’s proposed SEP Regulation offered a balanced, evidence-based response to these longstanding problems. Parliament examined it thoroughly and adopted its position by an overwhelming majority. Withdrawing the file without clear justification or consultation not only undercuts Parliament’s role but also leaves SMEs unprotected from the problems the Regulation was designed to fix.

We respectfully urge you to support the initiative aimed at upholding Parliament’s institutional rights and ensuring democratic accountability by voting to support referring the withdrawal decision to the Court of Justice. Europe’s SMEs need a predictable and transparent SEP framework to continue driving the EU Digital Decade, advancing the EU Green Transition, and supporting safety goals under Vision Zero. Allowing the withdrawal to stand without scrutiny would set a damaging precedent and leave critical issues unresolved.

Sincerely,