EC Liability for the Non-Implementation of WTO Dispute Settlement Decisions -- Advocate General Alber Proposes a 'Copernican Innovation' in the Case Law of the ECJ

Geert Zonnekeyn

Journal of International Economic Law, 2003, vol. 6, issue 3, 761-769

Abstract: In two identical Opinions delivered on 15 May 2003 in the Biret cases, Advocate General Alber of the European Court of Justice ('ECJ'), proposes that the European Community ('EC') may be held liable under EC law for the non-implementation of WTO dispute settlement decisions within the prescribed reasonable period of time and the damages resulting therefrom for economic operators. The Advocate General opines that, in such circumstances, WTO law has direct effect and can thus be invoked by private parties in proceedings before the European courts in Luxembourg in order to trigger the liability of the EC. It remains to be seen whether the ECJ will be prepared to follow the 'Copernican innovation' proposed by the Advocate General. This note does not purport to give an exhaustive analysis of the Opinions of the Advocate General. It will focus on some of the more controversial issues dealt with in both Opinions. Copyright Oxford University Press 2003, Oxford University Press.

Date: 2003
References: Add references at CitEc
Citations:

There are no downloads for this item, see the EconPapers FAQ for hints about obtaining it.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:oup:jieclw:v:6:y:2003:i:3:p:761-769

Ordering information: This journal article can be ordered from
https://academic.oup.com/journals

Access Statistics for this article

Journal of International Economic Law is currently edited by Kathleen Claussen, Sergio Puig and Michael Waibel

More articles in Journal of International Economic Law from Oxford University Press Oxford University Press, Great Clarendon Street, Oxford OX2 6DP, UK.
Bibliographic data for series maintained by Oxford University Press ().