The EU Commission is not noted for giving up gracefully.
A more plausible interpretation is that they withdrew the case rather than get a definitive judgement against them.
An explicit judgement from the EU Court against ACTA would kill it, and anything that looked like it. Leaving the case undecided leaves a door open for typically EU dodge - put a fresh coat of polish on the turd, call it something different but leave it fundamentally unchanged and pretend you listened to "the people".
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