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Journal of International Economic Law 2001 4(3):597-608; doi:10.1093/jiel/4.3.597
© 2001 by Oxford University Press
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Notes

The Latest on Indirect Effect of WTO Law in the EC Legal Order

The Nakajima Case Law Misjudged?

Geert A. Zonnekeyn1

1 Theodore Goddard, Brussels. Email: zonnekeyn{at}theodoregoddard.com

CASE NOTE ON THREE JUDGMENTS OF THE COURT OF FIRST INSTANCE IN THE INTERNAL EC BANANA BATTLE

The judgments of the Court of First Instance (‘CFI’) in the banana cases of 20 March 2001 have shed some light on how the CF or the Court of Justice interpret the Nakajima line of case law, pursuant to which WTO law can serve as grounds for review in cases where the EC intends to implement a particular WTO obligation. The narrow interpretation given by the CFI to the ‘Nakajima doctrine’ will make it very difficult to review the legality of EC law in the light of the obligations of the EC under WTO law.


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