EC–Asbestos European Communities – Measures Affecting Asbestos and Asbestos-Containing Products

Henrik Horn and Joseph H. H. Weiler

World Trade Review, 2004, vol. 3, issue 1, 129-151

Abstract: Some cases attain ‘landmark’ status because they constitute a jurisprudential paradigm shift. Others attain such status because in them a decisor, usually a supreme jurisdiction, renders a definitive, ‘canonical’, ruling. Sometimes it is both reasons. Sometimes, rarely, it is neither. EC–Asbestos is such a rare case. It may well qualify as a landmark. It has, justifiably, attracted huge attention and, understandably, considerable controversy. Its reasoning, however, is so decidedly non-definitive that it is not, consequently, possible to say whether it represents a veritable paradigm shift or is just a badly reasoned case by the Appellate Body (AB), albeit with a non-controversial result.

Date: 2004
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