The
nature of the intellectual property cases confronting the Court of
Justice is changing. It is now called upon to deal with Community IP
legislation and to define the contents of IP rights. This creates
problems for the expertise of the European judges, who may lack prior
experience in this area of law. They are faced with complex technical
questions and their pronouncements will have profound effects, due to
the fact that countless business decisions depend on IP rights. Yet the
everwidening variety of cases will hinder any process of
learning-by-doing. National judges are also experiencing difficulties.
They necessarily view Community legislation through the framework
created by the assumptions underpinning their domestic system. Yet the
EC rights may be based on entirely different principles. The Arsenal
saga illustrates the problems that may plague the relationship between
the Court of Justice and national courts. However, it is unlikely that
the Court will often be found to have exceeded its jurisdiction under
Art.234 EC. The distinction between interpretation and other aspects of
judicial activity is a matter of language. As long as the Court of
Justice drafts its judgments in abstract terms, it is not overstepping
its jurisdiction, no matter how detailed its interpretation is.