The Court of Justice of the European Union decides on a referral by the District Court Düsseldorf (in Huawei v. ZTE) on the requirements of raising the FRAND-defense.

According to the court, it does not constitute an abuse of a dominant position in the market (Art. 102 TFEU) if the patentee, based on a standard-essential patent, brings an action for rendering of accounts or an award of damages. However, if the patentee sues for an injunction or a recall of products, it has to alert the alleged infringer of the respective patent and has to submit a FRAND-offer. If the alleged infringer continues his actions without having responded diligently and in good faith, the patentee may sue.