Question 1 (30 marks)
1) A national court in an EU Member State (state A) requests a preliminary
ruling from the Court of Justice of the European Union (CJEU) to clarify
whether a measure adopted by the European Commission is valid. In the
dispute before the national court, one of the parties (a banana importer)
claims that a recent implementing regulation adopted by the Commission
violates a decision from the WTO Dispute Settlement Body on the EU regime
on importation of bananas. It argues:
i) that the implementing regulation is incompatible with WTO law and
therefore invalid.
ii) that the implementing regulation is incompatible with the general
framework on importation of bananas to the European Union, adopted
by the Council and the European Parliament, and therefore is invalid.
If these claims are correct, under what circumstances and legal bases can the
CJEU declare the implementing regulation invalid in:
a) Case i)?
b) Case ii)?
Please give reasons for your answers.
Question 2 (30 marks)
The Non-Governmental Organization NO-GMO, which exists in many parts
of the world, aims to ensure that the world market is free of Genetically
Modified Organisms (GMOs). The organization takes various measures,
ranging from information measures to fairly violent protests that for
instance impede the transport of genetically modified products. However,
the EU Member State B, where the general opinion is that GMOs are
harmful to health, has decided to encourage the activities of NO-GMO and
also to financially support its office in State B. The WTO Member State C
(where a lot of GMOs are produced), has made a complaint within the WTO
arguing that the policy of State B (encourage the activities of NO-GMO)
constitutes in practice discrimination based on the origin of the products
which cannot be justified under GATT rules (Article XX). The European
Commission has simultaneously started an infringement action against
state B claiming that the policy of state B constitutes an infringement of
Article 34 TFEU, since NO-GMO causes problems for traders in other EU
Member States.
4
Discuss if the policy of State B is compatible/incompatible with:
a) WTO law
b) EU law
Please give reasons for your answers.
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