European Business Law, the fourth volume in our series, shows how the European authorities simultaneously abolish all restrictions on access to and exercise of economic activities and support the growth of domestic markets, through the harmonization the internal legislation or the enactment of genuinely unified regulations.

European Business Law

A dispute settlement body (DSB) has been created within the WTO  in order to settle quickly the disputes which have not been settled through consultations. It includes all the members of the WTO and empowers special bodies formed of experts (Panels) to submit a final report unless the dispute is previously settled. Appeal of that decision is only opened to parties  and only on legal issues, before …

A body of the WTO

A dispute settlement body (DSB) has been created within the WTO  in order to settle quickly the disputes which have not been settled through consultations. It includes all the members of the WTO and empowers special bodies formed of experts (Panels) to submit a final report unless the dispute is previously settled. Appeal of that decision is only opened to parties  and only on legal issues, before a standing Appellate Body established by the DBS and composed of seven members of the WTO appointed for four years, three of whom serving on any one case in rotation. The DBS may decide not to adopt that body's decision only by consensus .

Regulation No 2015/476 sets forth the measures that the Union may take following a DSB report concerning anti-dumping or anti-subsidy matters . The Commission is not bound by the recommendations and decisions contained in a DSB report but may consider it appropriate to amend or repeal anti-dumping measures in order to be in line with those provisions or to adopt any other special measures considered to be appropriate. Any amendment of the initial regulation takes effect only from the date of entry into force of the new regulation which cannot serve as basis for the reimbursement of the duties collected prior to that date (Regulation No 2015/476, Article 3). However, when reviewing the measure, it remains possible to be granted the suspension of the initial anti-dumping measure for a limited period.

In practice, review decisions upon a DSB report are rare. Invited by the DSB reports to bring anti-dumping measures into conformity with the WTO Agreement as regards the dumping margin and the injury analysis, the Commission, like the Council which was competent at the time - have thus accepted to reassess their findings by identifying the existence of injurious dumping although at a slightly lower level , to reject the method consisting in treating all the negative margins as zero before calculating the overall amount of dumping  or to suspend anti-dumping measures following the bringing into light of the uncertain nature of the injury caused to the Union industry . The withdrawal by an exporting producer of its application for review of an anti-dumping measure expressed from the findings of DSB reports results in the termination of the procedure where no other exporter submitted a questionnaire response pursuant to the notice of initiation .

However, the WTO body exercises an influence on the corrective measures of the European Union not only in the context of the review. In effect, Regulation No 2015/476 (recital 6) expressly invites the Commission to take account of the “legal interpretations” made in a DSB report, even where the dispute settlement procedure is not implemented. The anti-dumping basic regulation (recital 4) considers it as “essential” that the European Union take account of how its major trading partners interpret the 1994 anti-dumping agreement. Even if they have no obligation, the European authorities are thus invited to correct or, at least, justify as a protective measure their position having regard to the interpretations of the 1994 anti-dumping agreement recommended in the reports of special groups and the WTO Appellate Body. The solutions given to the disputes between WTO members are therefore issues of European law, including where they do not concern members of the EU . As an example, the Commission services complemented their injury analysis - more exactly the requirement of objectivity when determining injury - made in an interim regulation with regard to an interpretation contained in a report of the Appellate Body to the United States . 

The Understanding on rules and procedures governing the settlement of dispute, adopted under the Marrakech Agreement Establishing the World Trade Organization signed on 15 April 1994 by the Ministries of most of the 123 participating countries, allows the members of that organization to base their claims on any of the multilateral trade agreements included in the appendices to the Agreement Establishing the WTO, and in particular on the agreement relating to the implementation of Article VI of the 1994 General Agreement on Tariffs and Trade which covers anti-dumping measures.

Aforementioned Understanding, Article 17(4).

Aforementioned Understanding, Article 17(14).

Regulation No 2015/476 of 11 March 2015 on the measures that the Union may take following a report adopted by the WTO Dispute Settlement Body concerning anti-dumping and anti-subsidy matters, OJ L 83 of 27 March 2015 which repeals and replaces Regulation No 1515/2001 of 23 July 2001 OJ L 201 of 26 July 2001, 10.

Council Regulation (EU) No 436/2004 of 8 March 2004, imports of certain malleable cast iron tube or pipe fittings, (Brazil, the Czech Republic, Japan, China, Korea, Thailand), LawLex200900002522JBJ.

Case C-351/04 Ikea Wholesale [2007] ECR I-7723, LawLex200900000445JBJ.

Council Regulation (EU) No 160/2002 of 28 January 2002, imports of cotton-type bed linen (Egypt, India, Pakistan), LawLex200900002596JBJ.

Council Regulation (EU) No 320/2003 of 18 February 2003, imports of threaded malleable cast-iron tube or pipe fittings (Brazil, the Czech Republic, Japan, China, Korea, Thailand), LawLex200900002553JBJ.

Several articles of the WTO anti-dumping agreement have already been interpreted by a special group and/or an appellate body; see cases WT/DS60, Guatemala - Cement I; WT/DS99, US - DRAMS; WT/DS122, Thailand - H-Beams; WT/DS132, Mexico - Corn Syrup; WT/DS136 et WT/DS162, US - 1916 Act; WT/DS141, EC - Bed Linen; WT/DS156, Guatemala - Cement II; WT/DS179, US - Stainless Steel; WT/DS184, US - Hot-Rolled Steel; WT/DS189, Argentina - Ceramic Tiles; WT/DS206, US - Steel Plate; WT/DS211, Egypt - Steel Rebar; WT/DS219, EC - Tube or Pipe Fittings; WT/DS221, US - Section 129(c)(1) URAA; WT/DS234, WT/DS217, US - Offset Act (Byrd Amendment); WT/DS241, Argentina - Poultry Anti-Dumping Duties; WT/DS244, US - Corrosion-Resistant Steel Sunset Review; WT/DS264, US - Softwood Lumber V; WT/DS268, US - Oil Country Tubular Goods Sunset Reviews; WT/DS277, US - Softwood Lumber VI.

Council Regulation (EU) No 682/2007 of 18 June 2007, imports of certain prepared or preserved sweetcorn in kernels originating in Thailand, LawLex201100000553JBJ, which refers to the report No WT/DS184/AB/R, US - Hot-Rolled Steel of 23 August 2001.

European Business Law

473. A body of the WTO

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473. A body of the WTO

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise