IDEAS home Printed from https://ideas.repec.org/a/oup/jieclw/v7y2004i2p483-490.html
   My bibliography  Save this article

Ec Liability For Non-Implementation Of Wto Dispute Settlement Decisions -- Are The Dice Cast?

Author

Listed:
  • Geert Zonnekeyn

Abstract

The judgments of the ECJ in Biret seem to open the door for further discussions on the liability of the EC for non-implementation of WTO dispute settlement decisions. The ECJ refused to grant compensation to the applicants due the fact that the damages occurred before the adoption of the DSB decision and before the reasonable period of time accorded to the EC to implement this decision had lapsed. Since the ECJ did not explicitly pronounce itself on the question whether compensation could have been awarded if the damages had arisen after the reasonable period of time, it seems to have left the door half open. It is important that the ECJ does so without insisting -- as it has done in its previous judgments concerning the effect of WTO law in the EC legal order -- on reciprocity, that is without requiring whether any other of the EC's major trading partners would allow such damage claims. In addition, a recent judgment of the ECJ seems to indicate that the Nakajima line of case law, according to which the ECJ or the CFI may review the legality of an EC act in cases where the EC intends to implement a particular obligation entered into within the framework of the WTO, will play an essential role in the cases which are currently pending before the ECJ and CFI. Oxford University Press 2004; all rights reserved, Oxford University Press.

Suggested Citation

  • Geert Zonnekeyn, 2004. "Ec Liability For Non-Implementation Of Wto Dispute Settlement Decisions -- Are The Dice Cast?," Journal of International Economic Law, Oxford University Press, vol. 7(2), pages 483-490, June.
  • Handle: RePEc:oup:jieclw:v:7:y:2004:i:2:p:483-490
    as

    Download full text from publisher

    To our knowledge, this item is not available for download. To find whether it is available, there are three options:
    1. Check below whether another version of this item is available online.
    2. Check on the provider's web page whether it is in fact available.
    3. Perform a search for a similarly titled item that would be available.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:oup:jieclw:v:7:y:2004:i:2:p:483-490. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Oxford University Press (email available below). General contact details of provider: https://academic.oup.com/jiel .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.