WTO DSB Decisions in the EC Legal Order: Approach of the Community Courts

This article examines the position of the Community courts on the issue of the internal effect of the World Trade Organization Dispute Settlement Body (WTO DSB) decisions in the EC legal order from the Biret cases to the Van Parys case, as well as the arguments that were accepted as a basis for it. Moreover, it focuses on the extent to which WTO DSB decisions are binding on the European Court of Justice (ECJ). On the basis of a detailed analysis of the relevant case law of the Community courts, it is argued that the DSB decisions do not have direct effect in the EC legal order, however still remain binding on the EC as a party to the particular WTO disputes.