8 decisions analyzed

Case Law & Decisions

CJEU opinions, MERCOSUR tribunal rulings and WTO panel reports relevant to trade agreements.

CJEUAvis 2/1516 May 2017

EU competence to conclude the EU-Singapore FTA

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.

GATT/OMC :Art. XXIV GATT
compétenceALEapplication provisoireinvestissementRead the decision
CJEUC-65/21 P5 September 2023

Commission v Council — EU-Armenia Partnership Agreement

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.

GATT/OMC :Art. XXIV GATT
base juridiquecompétence exclusivepartenariatRead the decision
MERCOSUR TribunalLaudo 1/2005 (TPR)20 December 2005

Argentina v Uruguay — Ban on retreaded tire imports

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.

règlement des différendsbarrières non tarifairesenvironnement
MERCOSUR TribunalLaudo 2/2006 (TPR)6 July 2006

Argentina v Brazil — Anti-dumping measures on PET resins

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.

antidumpingunion douanièrerègles d'origine
WTO PanelDS2673 March 2005

Brazil v EC — Cotton subsidies (Upland Cotton)

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.

subventions agricolescotonPACsauvegardeRead the decision
WTO PanelDS33217 December 2007

Brazil — Measures affecting imports of retreaded tyres

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.

environnementnon-discriminationpneumatiquesRead the decision
WTO PanelDS472 / DS49711 January 2019

Brazil v EU — Anti-dumping measures on biodiesel

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.

antidumpingbiodieseldéfense commercialeRead the decision
CJEUC-600/1421 March 2017

Germany v Council — Marrakesh Agreement (TRIPS)

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.

GATT/OMC :TRIPS
propriété intellectuelleADPICbrevetsIG

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