December, 21, 2024
Only few days before Xmas. Before we all pause for a while, I want to share a couple of thoughts on the transnational subsidy saga which just found its completion before the Court of Justice of the European Union.
The Court passed its decision on November 28 and many comments have come out already – all going in the same direction: the Court (and previously the AG, the General Court and the Commission) got it wrong. They are significantly expanding the scope of EU trade remedies and this in the face of the EU WTO commitments. Very much like the unity of the EU institutions on this should mean something, so should this commonality of views (at least so far) among commentators.
The ball now is really in the World Trade Organization camp. The whole EU and beyond trade community is eagerly awaiting their authoritative views on whether the European Commission EU Trade‘s construction of EU and WTO subsidy laws is correct. It is a pity that this responsibility is ultimately put on the shoulders of three panellists but, unfortunately, lacking Membership action, this is what we are left with.
Let’s see what 2025 brings for all of us. Surely, within a broader perspective, the legal status of transnational subsidies is not the biggest question we all face, but at the same time it is an important piece in the extremely complex geopolitical jigsaw we live in.
For now, have you all a Happy 2025!
lucaslaws 