The Biret Cases: What Effects Do WTO Dispute Settlement Rulings Have in EU Law?

Abstract

The European Court of Justice (ECJ) has long set up a general rule holding that WTO law cannot be invoked to challenge the lawfulness of EU law. This paper discusses the Biret judgments, where the ECJ showed signs of opening up its case law, and proposes that the ECJ create an exception to this general rule, in the event that a WTO dispute settlement ruling has been adopted and where the deadline for implementing such ruling has expired. In this endeavour, the paper analyses the ECJ's findings in previous judgments, and examines the text of the WTO's Dispute Settlement Understanding (DSU).