Case C‑306/13

LVP NV

v

Belgische Staat

(Request for a preliminary ruling from the rechtbank van eerste aanleg te Brussel)

‛Reference for a preliminary ruling — Common organisation of the markets — Bananas — System of importation — Applicable tariff rates’

Summary — Judgment of the Court (Fifth Chamber), 18 December 2014

International agreements — Agreement establishing the World Trade Organisation — GATT 1994 — Direct effect — None — WTO agreements cannot be relied upon to challenge the legality of a European Union measure — Exceptions — European Union measure intended to ensure its implementation or referring thereto expressly and precisely

(General Agreement on Tariffs and Trade 1994; Council Regulation No 1964/2005, Art. 1(1); Council Decision 94/800)

The provisions of the General Agreement on Tariffs and Trade of 1994, as set out in Annex 1 A of the Agreement establishing the World Trade Organisation (WTO), are not such as to create rights which individuals might rely on directly before a national court in order to oppose the application of the customs tariff rate of EUR 176 per tonne, laid down in Article 1(1) of Regulation No 1964/2005 on the tariff rates for bananas.

Given their nature and structure, the WTO agreements are not in principle among the rules in the light of which the Court is to review the legality of measures adopted by the EU institutions. It is only where the European Union intends to implement a particular obligation assumed in the context of the WTO or where the European Union measure refers expressly to specific provisions of the WTO agreements that the Court can review the legality of the European Union measure at issue in the light of the WTO rules.

However, the common organisation of the market in bananas is not designed to ensure the implementation in the European Union legal order of a particular obligation assumed in the context of the GATT 1994, nor does it refer expressly to specific provisions of the GATT 1994. Likewise, Regulation No 1964/2005 cannot be regarded as a measure intended to ensure the implementation, in the European Union’s legal order, of a particular obligation assumed in the context of the WTO. Finally, the mere reference to the context of the negotiations undertaken by the European Union under Article XXVIII of the GATT 1994, in recitals 2 to 5 in the preamble to Regulation No 1964/2005, cannot lead to the conclusion that that regulation satisfies the condition that the European Union measure in question refers expressly to specific provisions of the WTO agreements.

(see paras 44, 47, 49, 58-60, operative part)

Case C‑306/13

LVP NV

v

Belgische Staat

(Request for a preliminary ruling from the rechtbank van eerste aanleg te Brussel)

‛Reference for a preliminary ruling — Common organisation of the markets — Bananas — System of importation — Applicable tariff rates’

Summary — Judgment of the Court (Fifth Chamber), 18 December 2014

International agreements — Agreement establishing the World Trade Organisation — GATT 1994 — Direct effect — None — WTO agreements cannot be relied upon to challenge the legality of a European Union measure — Exceptions — European Union measure intended to ensure its implementation or referring thereto expressly and precisely

(General Agreement on Tariffs and Trade 1994; Council Regulation No 1964/2005, Art. 1(1); Council Decision 94/800)

The provisions of the General Agreement on Tariffs and Trade of 1994, as set out in Annex 1 A of the Agreement establishing the World Trade Organisation (WTO), are not such as to create rights which individuals might rely on directly before a national court in order to oppose the application of the customs tariff rate of EUR 176 per tonne, laid down in Article 1(1) of Regulation No 1964/2005 on the tariff rates for bananas.

Given their nature and structure, the WTO agreements are not in principle among the rules in the light of which the Court is to review the legality of measures adopted by the EU institutions. It is only where the European Union intends to implement a particular obligation assumed in the context of the WTO or where the European Union measure refers expressly to specific provisions of the WTO agreements that the Court can review the legality of the European Union measure at issue in the light of the WTO rules.

However, the common organisation of the market in bananas is not designed to ensure the implementation in the European Union legal order of a particular obligation assumed in the context of the GATT 1994, nor does it refer expressly to specific provisions of the GATT 1994. Likewise, Regulation No 1964/2005 cannot be regarded as a measure intended to ensure the implementation, in the European Union’s legal order, of a particular obligation assumed in the context of the WTO. Finally, the mere reference to the context of the negotiations undertaken by the European Union under Article XXVIII of the GATT 1994, in recitals 2 to 5 in the preamble to Regulation No 1964/2005, cannot lead to the conclusion that that regulation satisfies the condition that the European Union measure in question refers expressly to specific provisions of the WTO agreements.

(see paras 44, 47, 49, 58-60, operative part)