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

According to Article 277 TFEU, which refers to Article 263(2) TFEU, the European court has jurisdiction to rule on proceedings brought by the parties for violation of the Treaty or of any rule of law relating to its application. The European court has thus had to rule on the validity of the Basic Regulation with regard to the Antidumping Code adopted as part of the WTO agreements. 
The General Agr …

Illegality exception

According to Article 277 TFEU, which refers to Article 263(2) TFEU, the European court has jurisdiction to rule on proceedings brought by the parties for violation of the Treaty or of any rule of law relating to its application. The European court has thus had to rule on the validity of the Basic Regulation with regard to the Antidumping Code adopted as part of the WTO agreements. 

The General Agreement on Tariffs and Trade (GATT) does not produce direct effect in the Union. It is not aimed at granting rights to individuals since it governs the economic relationships between sovereign States, to which its rules are addressed. However, the Court of Justice recognizes to individuals the possibility to raise, as an exception, the illegality of the anti-dumping regulation with regard to the GATT and the Anti-dumping Code adopted for the purpose of implementing its Article VI. In effect, according to the Court of Justice, both the GATT and the Anti-dumping Code have the effect of binding the Union. The Court of Justice may therefore interpret the basic regulation with regard to the Anti-dumping Code and thus dismiss a means of illegality relating to the methods of calculating the constructed normal value . Moreover, insofar as it is not directly and individually concerned by a regulation imposing an anti-dumping duty, the importer of that product whose resale prices were not taken into account for the construction of export prices and who is not associated with exporters of the product on whom anti-dumping duties have been imposed is entitled to plead before the national court that the regulation is invalid .

Case C-69/89 Nakajima All Precision v Council [1991] ECR I-2069, LawLex200900001097JBJ.

Case C-232/14  Portmeirion Group UK Ltd, Judgment of 17 March 2016, LawLex201600000606JBJ.

European Business Law

486. Illegality exception

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Les décisions de justice citées dans ce paragraphe :

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486. Illegality exception

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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