CJEU opinions, MERCOSUR tribunal rulings and WTO panel reports relevant to trade agreements.
The CJEU clarified the division of competences between the EU and Member States for concluding free trade agreements. Certain areas (portfolio investments, ISDS) fall under shared competence.
Relevance for agreements
Fundamental to understanding why the EU-MERCOSUR agreement was split into two parts (EU-only trade and mixed political) and why provisional application is possible without national ratification.
Judgment confirming the legal basis for partnership and cooperation agreements, clarifying the boundaries between common commercial policy and foreign policy.
Relevance for agreements
Illuminates the distinction between the trade component (exclusive EU competence) and the political component of the EU-MERCOSUR agreement, reinforcing the possibility of provisional application of the trade component.
The MERCOSUR Permanent Review Tribunal ruled on the compatibility of trade restrictions with the Treaty of Asunción and free movement of goods protocols.
Relevance for agreements
Illustrates the intra-MERCOSUR dispute settlement mechanism and the limits of environmental exceptions, relevant for European companies facing non-tariff barriers.
Major decision on the application of anti-dumping measures between MERCOSUR members, establishing that intra-zone anti-dumping duties are incompatible with the customs union.
Relevance for agreements
Crucial for European companies: confirms that MERCOSUR operates as a customs union, impacting rules of origin and circulation of European goods once they enter the zone.
Brazil successfully challenged European cotton subsidies at the WTO, obtaining condemnation of distortive agricultural aids. Historic decision on agricultural subsidies.
Relevance for agreements
Essential context for understanding EU-MERCOSUR agricultural tensions and safeguard clauses included in the agreement, particularly on beef and sugar quotas.
The WTO Appellate Body recognized the legitimacy of Brazilian environmental measures while requiring their non-discriminatory application, including towards MERCOSUR partners.
Relevance for agreements
Relevant for the articulation between WTO obligations, MERCOSUR commitments and environmental measures (EUDR, CBAM) under the new agreement.
Panels and Appellate Body condemned the EU's calculation methods for anti-dumping duties on Argentine and Indonesian biodiesel, finding the methodology incompatible with the Anti-Dumping Agreement.
Relevance for agreements
Directly relevant for the biofuels sector and the articulation between EU trade defense measures and commitments made in the EU-MERCOSUR agreement.
Judgment clarifying the scope of the EU's exclusive competence in intellectual property within trade agreements, including TRIPS.
Relevance for agreements
Relevant for the Intellectual Property chapter of the EU-MERCOSUR agreement, particularly the protection of GIs, pharmaceutical patents and clinical trial data.