World Trade Organization

• Author: International Law Group

Van Parys NV is a Belgian company that imports Ecuadorean bananas. In 1998 and 1999, the Belgian authorities (Belgisch Interventie-en Restitutiebureau) refused to issue import licenses for the full quantity applied for, based on EU import restrictions. Van Parys appealed to the Belgian Council of State, claiming that certain EU regulations were contrary to a decision of the WTO Dispute Settlement Body. See 2001 International Law Update 61 & 108. The Regulations at issue include (EEC) No 404/93, as amended, and Regulations Nos 2362/98, 2806/98, 102/1999 and 608/1999).

The Belgian Raad van State referred the matter to the ECJ for an advisory opinion under Article 234. Essentially, it asked the ECJ to determine the validity of the above EU regulations on bananas in light of GATT 1994, Articles I [equal application of trade advantages, favors, privileges or immunities] and XIII [non- discriminatory administration of quantitative restrictions]. The EU has approved the WTO Agreements, including GATT 1994. Under Article II(2) of the WTO Agreement, "[T]he agreements and associated legal instruments ... are integral parts of this Agreement, binding on all Members."

The ECJ first examines whether WTO Agreements give EU citizens a right of action to challenge EU legislation. The ECJ notes that, based on ECJ precedent, WTO Agreements are not among the documents to consider when reviewing European legal acts. Only when a EU measure seeks to enforce a particular WTO requirement, or expressly refers to it, can the ECJ assess its compatibility with WTO trading rules.

Here, the EU did not...