European Community and Union Law and International Law - Oxford Public International Law

 
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European Community and Union Law and International Law - Oxford Public International Law
European Community and Union
                                        Law and International Law
                                        Armin von Bogdandy, Maja Smrkolj

                                        Content type: Encyclopedia entries
                                        Product: Max Planck Encyclopedias of International Law
                                        [MPIL]
                                        Module: Max Planck Encyclopedia of Public International
                                        Law [MPEPIL]
                                        Article last updated: February 2011

  Subject(s):
  EU Treaty — Customary international law — General principles of international law — Subjects of
  international law
  Published under the auspices of the Max Planck Institute for Comparative Public Law and International
  Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020).

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date:
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A. Background and Overview
  1 Given the broad scope of competences transferred to the former European Community
  (‘EC’) and now the European Union (‘EU’) on the one hand, and the broad scope of
  contemporary → international law on the other hand, the relationship between EC/EU law
  and international law is of considerable importance (see also → European Community and
  Union, Party to International Agreements).

  1. The Emancipation of European Community and Union Law from
  International Law
  2 At the beginning of → European integration, one core issue was to emancipate the law of
  the European Communities from international law (→ European Union, Historical
  Evolution). The groundbreaking decision is the 1963 European Court of Justice (‘ECJ’)
  judgment in the → van Gend & Loos Case. The ECJ decided that the objective of the 1957
  Treaty Establishing the European Economic Community (‘EEC’ [294 UNTS 17]) to establish
  a common market ‘implies that this treaty is more than an agreement which merely creates
  mutual obligations between the contracting states’ and that ‘the Community constitutes a
  new legal order of international law’. In the 1964 → Costa v ENEL Case, the ECJ further
  emancipated EEC law from international law by stipulating its autonomy and its primacy
  over the national legal systems, but also by abstaining from the denotation ‘of international
  law’: the ECJ considers Community law a ‘new legal order’ tout court. In Parti écologiste
  ‘Les Verts’ v European Parliament (1986), the ECJ went further by characterizing the EEC
  Treaty as a ‘basic constitutional charter’ (para. 23), thus stressing the municipal nature of
  Community law. The notion of ‘constitutional charter’ is later confirmed in several
  judgments and opinions (eg Opinion 1/91 para. 1; Weber v European Parliament [1993]
  para. 8; Kadi and Al Barakaat International Foundation v Council of the European Union
  and Commission of the European Communities [Opinion of Advocate General Maduro]
  [2008] para. 21; → Kadi Case).

  3 Today, the prevailing understanding of EU law with regard to international law is that of
  an autonomous legal order of an internal/municipal law character with federal features (but
  see, for example, Pellet for whom the European legal order is still just ‘ordre juridique de
  droit international’ [at 245]). By contrast, the legal nature of Titles I (Common Provisions),
  V (Provisions on a Common Foreign and Security Policy), and VI (Provisions on Police and
  Judicial Cooperation in Criminal Matters) of the Nice (2001) version of the Treaty on
  European Union (‘EU Treaty’; ‘TEU’) was disputed. Whereas some argued that the law
  under these titles was categorically different from Community law and that it belongs to
  international law (see Herrmann) this article holds that Community law and the law under
  those titles formed part of the legal order of the EU, which is to be conceived as different
  from international law (von Bogdandy [1999]; Eeckhout 165; Ireland v European Parliament
  and Council of the European Union [2009] para. 56). The → Lisbon Treaty in the new Art. 2
  TEU has definitely abolished this distinction.

  2. Primary Law Provisions on the Relationship between European
  Union Law and International Law
  4 The European treaties do not address the relationship between the two legal orders, nor
  the issues of incorporation and effect of international law in EU law in a detailed manner.
  Article 216 (2) Treaty on the Functioning of the European Union (‘TFEU’) (Art. 300 (7)
  Treaty Establishing the European Community [‘ECT’]), which stipulates the binding nature
  of international treaties for the institutions and Member States, remains the core provision
  on the relation between EU law and international law. Also addressed is the effect of
  treaties to which Member States had become parties before becoming members of the EU,
  as well as the regional union between the Benelux countries in Art. 350 TFEU (Art. 306

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ECT). According to Art. 351 TFEU (Art. 307 ECT) on pre-Union agreements binding
  Member States, the Treaty does not preclude obligations from such treaties but obliges
  Member States to take all appropriate measures to eliminate possible conflicts between
  such treaties and Union law. Further reference to international law can be found in the
  → preamble[s] and general provisions of the treaties. As early as in 1957, the Preamble
  mentioned the principles of the → United Nations Charter (‘UN Charter’). Reference to the
  UN Charter, to the → Helsinki Final Act (1975), and the 1990 Charter of Paris for a New
  Europe later became part of the provisions on → European Common Foreign and Security
  Policy (Art. 11 Treaty of Amsterdam; Art. 21 TEU [Lisbon] [General Provisions on the
  Union’s External Action]), and respect for the principles of the UN Charter is part of the
  objectives of the EU according to Art. 3 (5) TEU (Lisbon). Furthermore, in the 1986 Single
  European Act [1754 UNTS 3] reference was made to the → European Convention for the
  Protection of Human Rights and Fundamental Freedoms [1950] (‘ECHR’) and the
  → European Social Charter. Since the Treaty of Maastricht, the ECHR has been recognized
  in Art. F.2 (Art. 6 (2) TEU [Amsterdam]; Art. 6 (3) TEU [Lisbon]) as of relevance for the EU’s
  fundamental rights. According to Art. 6 (2) TEU (Lisbon), the EU shall formally accede to
  the ECHR.

  5 Given the vagueness of these provisions and the dynamic nature of European integration,
  the ECJ and, since the start of its operation in 1989, the former Court of First Instance
  (‘CFI’) (now General Court) have been playing a crucial role in determining the relationship
  between the two legal orders (→ European Union, Court of Justice and General Court).

  B. Relationship between European Union Law and
  International Law
  1. International Treaties
  (a) Multilateral Agreements Concluded by the European Community/Union
  6 In 1974, the ECJ decided in R & V Haegeman v Belgian State (para. 5) that the provisions
  of agreements concluded by an institution of the EEC form an integral part of Community
  law once they enter into force. They do not prevail over primary law, but rank between
  primary and secondary law. This is indicated by the wording of what is now Art. 216 (2)
  TFEU (Art. 300 (7) ECT) and has been explicitly confirmed by the ECJ (Commission of the
  European Communities v Federal Republic of Germany International Dairy Arrangement
  [1996] para. 52; Agrover Srl v Agenzia Dogane Circoscrizione Doganale di Genova [2007]
  para. 17).

  (i) A priori and a posteriori Control of Compatibility of International Agreements with
  Primary Law
  7 Article 218 (11) TFEU (Art. 300 (6) ECT) provides for the possibility of an a priori control
  of the compatibility of international agreements with primary law. If the ECJ declares in an
  advisory opinion that an envisaged agreement is incompatible with primary law, it cannot
  be concluded unless the respective provision(s) of the Treaty(ies) are amended accordingly
  (→ Advisory Opinions). As stated in Opinion 1/75, the Court’s advisory competence relates
  to ‘any undertaking … which has binding force, whatever its formal designation’. The
  advisory opinions sometimes deal with substantial compatibility (eg Opinion 1/76; Opinion
  1/91; Opinion 1/92), but mostly with the competence of the Community to conclude an
  agreement (eg Opinion 1/75; Opinion 1/03 ; Opinion 1/08; → European Community and
  Union, Party to International Agreements).

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8 Whereas the TFEU provides for explicit competence of the ECJ to determine the
  compatibility of international agreements with primary law prior to their conclusion, a
  provision on such control once an agreement has become binding for the EU is missing. As
  the ECJ decided in Opinion 3/94 (para. 13), an analogous application of Art. 300 (6) ECT
  (Art. 218 (11) TFEU) for such agreements is not admissible. However, the ECJ finds the
  basis for its competence to exercise such judicial control in Art. 263 TFEU (Art. 230 ECT)
  (action for annulment) and in Art. 267 TFEU (Art. 234 ECT) (preliminary rulings) (Opinion
  1/75). According to the prevailing doctrine (see Tomuschat [2004] para. 95) however,
  neither of the two provisions authorizes the ECJ to exercise control over the concluded
  agreements. Instead, control can only be exercised over the internal act of approval of an
  international agreement (see French Republic v Commission of the European Communities
  [1994] para. 14), ie its conclusion, which is regarded as an act of an EU institution
  ‘intended to produce legal effect vis-à-vis third parties’ in the sense of Art. 263 TFEU (Art.
  230 ECT; eg → ERTA Case; European Parliament v Council of the European Union [EEC–US
  Passenger Name Records Agreement] [2006]). However, any decision that this act infringes
  Community law leaves the international obligation unaffected (Art. 27 → Vienna Convention
  on the Law of Treaties [1969]).

  (ii) Incorporation of International Agreements in European Union Law
  9 The treaties remain silent on how these agreements relate to EU law. Various notions aim
  at framing the relationship between international and EU law. The notion of transformation
  suggests that the provisions laid down in EU international agreements are part of a distinct
  legal order and change, by becoming part of the EU, their legal nature. Some scholars hold
  in the so-called dualist tradition that the conclusion of the agreement by the Council of the
  European Union according to Art. 218 (5 and 6) TFEU (Art. 300 (2) ECT) is to be regarded
  as a transformative act (Krück 169); others regard Art. 216 (2) TFEU (Art. 300 (7) ECT) as a
  general provision that transforms international agreements into EC/EU law (Peters 28–31).
  The notion of incorporation, as used in Haegeman, suggests that provisions of international
  agreements are not transformed and do not need further validation. They become part of
  the EU legal order, ie are incorporated, simply by entering into force for the EU. This
  reflects what many call a monist conception of the relationship between international and
  domestic law (→ International Law and Domestic [Municipal] Law). Moreover, they enjoy
  supremacy over secondary law and the law of the Member States. The solution to this
  puzzle is the recognition that the ECJ decides on the effect without addressing the monist-
  dualist issue, confirming that theories are of little help here. The core question is rather
  that of the effect of international agreements.

  (iii) The Effect of International Agreements in European Union Law
  10 In order to assure the uniform application of international agreements throughout the
  EU, the exclusive competence to determine the internal effect of international agreements
  lies with the ECJ (Hauptzollamt Mainz v CA Kupferberg & Cie KG aA [1982] para. 14). Not
  all provisions of international agreements are directly applicable in Union law. In order to
  assess if a provision of an international agreement has direct effect, the ECJ proceeds in
  two stages. First, it examines whether an agreement is in general capable of stipulating
  directly effective provisions. This is to be established by examining ‘the purpose, the spirit,
  the general scheme and the terms’ of the agreement (International Fruit Company v
  Produktschap voor Groenten en Fruit [1972] para. 20), a formula that provides the ECJ with
  much leeway. Second, it examines in an apparently technical mode whether the provision in
  question ‘contains a clear [unconditional] and [sufficiently] precise obligation which is not
  subject, in its implementation or effects, to the adoption of any subsequent
  measure’ (Meryem Demirel v Stadt Schwäbisch Gmünd [1987] para. 14; see also
  Kupferberg [1982] para. 23). These vague formulations help the ECJ to play an important

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role in international legal policy (→ European Community and Union, Actor in International
  Relations).

  11 The ECJ had mostly been considered generous in qualifying provisions of international
  agreements as directly applicable (eg Conceria Daniele Bresciani v Amministrazione
  Italiana delle Finanze [1976] para. 26 [Yaounde Convention]; Pabst & Richarz KG v
  Hauptzollamt Oldenburg [1982] para. 27 [Association Agreement between the EEC and
  Greece]; R v Minister of Agriculture, Fisheries and Food, ex parte Anastasiou (Pissouri)
  [1994] para. 27 [EEC–Cyprus Association Agreement]; Administrazione delle Finanze dello
  Stato v Chiquita Italia SpA [1995] para. 41 [Lomé Conventions ; see also → Lomé/Cotonou
  Conventions]).

  12 Yet, the ECJ famously takes a different position regarding the direct effect of provisions
  of the 1994 Marrakesh Agreement Establishing the World Trade Organization (1867 UNTS
  154; → World Trade Organization [WTO]). Moreover, the policy dimension becomes
  apparent in the fact that the ECJ is more prone to attributing direct effect to an
  international agreement if the legality of a Member State measure is in question. By
  contrast, when the legality of a Union measure is at stake, the ECJ is much more hesitant to
  attribute direct effect to provisions of international agreements (→ Intertanko Case; see also
  Peters 63–64).

  13 International agreements or provisions of those agreements that are not directly
  applicable may still have some effect in the EU legal order either on the basis of the
  principle of consistent interpretation or based on the so-called principle of implementation
  (see also → Interpretation in International Law). The principle of consistent interpretation is
  derived from the primacy of international agreements binding the Union over secondary
  legislation (Art. 216 (2) TFEU [Art. 300 (7) ECT]). Accordingly, provisions of EU secondary
  legislation must, ‘so far as is possible, be interpreted in a manner that is consistent with
  those agreements’ (Commission v Germany [1996] para. 52).

  14 The principle of implementation is applied where secondary legislation intends to
  implement an international agreement (Nakajima All Precision Co Ltd v Council of the
  European Communities [1991] para. 31). Furthermore, it also applies when secondary
  legislation specifically refers to an international norm (Fédération de l’industrie de l’huilerie
  de la CEE [Fediol] v Commission of the European Communities [1989] para. 21). The ECJ
  then examines the conformity of the implementing measure or the legal measure adopted
  on the basis of such implementation with the international obligation (Nakajima [1991]
  paras 31–32). By the same token, the ECJ also has the competence to review the legality of
  EU measures if they refer to a provision of international law or an international agreement
  (Fediol [1989] para. 22). However, uncertainty reigns as to what is to be considered as a
  specific reference; so far, the ECJ has given no clear indication. It appears to use a rather
  narrow understanding as to what is to be considered as a ‘specific reference’. For example
  in the Intertanko case regarding the 1982 United Nations Convention on the Law of the Sea
  (1833 UNTS 397) and the 1973 International Convention for the Prevention of Pollution
  from Ships (1340 UNTS 184 [MARPOL Convention]), the ECJ ignored the fact that the
  Union measure to be assessed was actually implementing the two conventions (ibid paras
  24–27).

  (b) Mixed Agreements
  15 The competence of the ECJ to interpret international agreements extends to mixed
  agreements since these have the same status within EC/EU law as Community/Union
  agreements (Demirel [1987] para. 12), as long as the decisive provision does not fall in the
  exclusive competence of the Member States (→ European Community and Union, Mixed
  Agreements). In this respect, the jurisprudence has shifted. At first, the ECJ considered

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itself competent to interpret all provisions of a mixed agreement, not taking into account
  the exclusive competence of Member States (Hermès International v FHT Marketing Choice
  BV [1998] para. 29). In later (mostly WTO related) cases, the limits of the ECJ’s jurisdiction
  were modified to respect the Member States’ exclusive competence (Parfums Christian Dior
  SA v TUK Consultancy BV and Assco Gerüste GmbH v Wilhelm Layher GmbH&CoKG [2000]
  para. 35; Commission of the European Communities v French Republic [2004] para. 25).

  16 For matters of shared competence the ECJ has the exclusive jurisdiction for deciding on
  the interpretation of mixed agreements, regardless of whether the Union has exercised its
  competence on the relevant area by adopting secondary legislation, and irrespective of
  whether the treaty regime has established its own mechanisms for the resolution of
  disputes (Commission of the European Communities v Ireland [MOX Plant]) [2006]; → MOX
  Plant Arbitration and Cases).

  (c) Multilateral Agreements Concluded by Member States
  17 Agreements not concluded by the EU are not part of Union law; therefore the
  lawfulness of a Union instrument does not depend on its conformity with an international
  agreement to which the Union is not a party (The Kingdom of the Netherlands v European
  Parliament and Council of the European Union [2001] para. 52). This rule is, however, not
  applied to treaties concluded by all Member States prior to the establishment of the EC/EU
  or prior to their membership if the respective competence has later been fully conferred to
  the EC/EU (see Intertanko Case para. 49). This so-called doctrine of functional succession
  was most notably applied to the 1947 General Agreement on Tariffs and Trade (‘GATT’;
  → General Agreement on Tariffs and Trade [1947 and 1994]; International Fruit Company
  [1972] para. 18). Furthermore, the ECJ interprets EU law in the light of international
  obligations taken up by all Member States (see, eg Defrenne v Sabena [1976] para. 20
  regarding the International Labour Organization Equal Remuneration Convention No 100;
  European Parliament v Council of the European Union [2006] para. 37 regarding the
  Convention on the Rights of the Child).

  18 With regard to the pre-EC/EU agreements of the Member States, Art. 351 TFEU (Art.
  307 ECT) requires the Member States not only to act towards eliminating incompatibilities
  between those agreements and EU law, but also, according to the ECJ, to achieve
  elimination. That might require denouncing the agreement, if internationally possible
  (Commission of the European Communities v Kingdom of Belgium [1999]). The mere fact
  that the Union legislator is competent to pass legislation which might potentially conflict
  with the existing agreement of a Member State with a third State may constitute such
  incompatibility, leading to an obligation to alter the international commitment (Commission
  of the European Communities v Kingdom of Sweden [2009] and Commission of the
  European Communities v Republic of Austria [2009]).

  (d) Decisions of Bodies Established by International Agreements (Secondary
  International Law)
  19 Decisions of organs established by an international agreement that binds the EU are
  also regarded as an integral part of the EU legal order if these organs have been ‘entrusted
  with responsibility for its implementation’ and ‘are directly linked to the agreement which
  they implement’ (Deutsche Shell AG v Hauptzollamt Hamburg-Harburg [1993] para. 17).
  Accordingly, the ECJ has the competence to interpret such decisions and to decide on their
  direct effect (SZ Sevince v Staatssecretaris van Justitie [1990] para. 9). Most relevant so far
  were the decisions of Association Councils established by Association Agreements
  according to Art. 217 TFEU (Art. 310 ECT) (→ European Community and Union, Association
  Agreements; Hellenic Republic v Council of the European Communities [1990]; (R on the

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Application of Ezgi Payir, Burhan Akyuz and Birol Ozturk) v Secretary of State for the Home
  Department [2008]). The ECJ practice could be applied to decisions of similar bodies.

  (e) Multilateral Agreements Concluded by the European Union under Title V
  and VI Treaty on European Union (Nice)
  20 Agreements concluded by the EU under the previous Title V and VI TEU (Nice)
  (sometimes termed Second and Third ‘Pillars’) form an integral part of the Union legal
  order, in analogy to the former Art. 300 (7) ECT. Yet, one should be cautious in applying
  general Community law principles on the effect of those treaties, given the distinctive
  features of the legal instruments under the former EU Treaty compared to the instruments
  under the EC Treaty. The effect of the international treaties concluded by the EU under the
  competences of those Titles cannot go beyond the effect that the respective secondary law
  produced. Accordingly, such treaties cannot produce direct effect in the Member States.
  This is implicitly confirmed in Art. 24 (7) TEU (Nice) which, in contrast to Art. 300 (7) ECT,
  holds that international treaties concluded by the EU ‘shall be binding [only] on the
  institutions of the Union’ whereas the Member States can invoke the requirements of their
  own constitutional procedures against their application (Art. 24 (6) TEU [Nice]).

  21 The competence of the ECJ to interpret those agreements was conceived as running
  parallel to its competence to interpret the framework decisions and common actions. This
  was, by analogy to Art. 35 TEU (Nice), limited to treaties concluded under Title VI TEU
  (Nice) (Police and Judicial Cooperation in Criminal Matters). The judicial process for
  treaties concluded under Title V (TEU [Nice]) could be open only under Art. 46 TEU (Nice)
  in connection with Art. 47 TEU (Nice) to control whether the act of conclusion of an
  international agreement by the EU encroaches upon the powers conferred by the ECT on
  the Community (see Commission of the European Communities v Council of the European
  Union [ECOWAS] [2008] paras 31–34).

  22 The Lisbon Treaty has abolished the so-called ‘pillar structure’ of the EU. With regard
  to the pre-Lisbon legal acts and international agreements concluded on the basis of the EU
  Treaty their legal effect will, according to Arts 9 and 10 Protocol No 36 to the Lisbon
  Treaty, not change until they are repealed, annulled, or amended. Whereas the international
  agreements in the area of police and judicial co-operation in criminal matters concluded
  after the Lisbon Treaty are treated as international agreements concluded in accordance
  with the supranational method of TFEU, this is not the case for acts and consequently
  agreements relating to the common foreign and security policy. According to Art. 275
  TFEU, the ECJ shall not have jurisdiction with respect to those legal instruments, apart
  from monitoring compliance with Art. 40 TEU (Lisbon) (formerly Art. 47 TEU) and
  reviewing the legality of legal acts providing for restrictive measures against natural or
  legal persons adopted by the EU Council on the basis of Chapter 2 of Title V TEU (Lisbon).

  2. Customary International Law and General Principles of
  International Law
  23 Though often referring to → customary international law and → general principles of
  law, the ECJ has for many years avoided any explicit statement on the position and effect of
  rules of customary international law and of general principles of law in the EC/EU legal
  order. It has simply applied those norms either to delimit the competences between
  Member States and the EC (Van Duyn v Home Office [1974] para. 22; A Ahlström
  Osakeyhtiö v Commission of the European Communities [1988] para. 18), as rules of
  interpretation (→ Portugal v Council Case paras 34–35), or as a gap-filler in the absence of
  explicit provisions governing a certain aspect on which the ECJ needed to decide (Weber v

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Universal Ogden Services Ltd [2002] para. 31), without any statement on their legal
  position (see Wouters and Van Eeckhoutte 168–69).

  24 The ECJ states that the EU is bound by general international law ‘in the exercise of its
  powers’ (Anklagemyndigheden v Peter Michael Poulsen and Diva Navigation Corp [1992]
  para. 9). This does not answer the question whether rules of customary international law
  can be invoked in order to review the legality of an EU act. In this respect the CFI and ECJ
  had chosen different approaches. A CFI ruling indicated that customary international law
  applies within EU law only indirectly by way of transformation into a ‘general principle of
  law common to the legal orders of the Member States’:

        [T]he principle of good faith is the corollary in public international law of the
        principle of protection of legitimate expectations, which, according to the case-law,
        forms part of the Community legal order…. Any economic operator to whom an
        institution has given justified hopes may rely on the principle of protection of
        legitimate expectations. (

  Opel Austria GmbH v Council of the European Union [1997] paras 83 and 93) By contrast,
  in Racke v Hauptzollamt Mainz [1998] the ECJ accorded customary international law a
  direct position in the EC/EU legal order. Furthermore, it acknowledged its invocability by
  individuals in order to review the legality of EC/EU acts. Hereby, it placed those rules above
  secondary law (ibid paras 45–51). Yet, the ECJ limited such application of customary
  international law to ‘fundamental rules of customary international law’ (para. 48) and,
  because of the ‘complexity of the rules’, further restricted its review to the question
  ‘whether, by adopting the suspending [act], the [institution] made manifest errors of
  assessment concerning the conditions for applying those rules’ (para. 52). Accordingly,
  customary international law and general principles play only a minor role.

  C. Special Problems
  1. World Trade Organization Law
  25 No other multilateral treaty has raised so much discussion as the 1994 WTO Treaty
  concluded by the EC and its Member States as a mixed agreement (→ Opinion 1/94). If the
  ECJ has in general been generous in deciding on the direct effect of international
  agreements and their invocability when assessing the legality of a Union measure, this has
  not been the case for the WTO Treaty (Portugal v Council Case para. 41) and its
  predecessor, the 1947 GATT (International Fruit Company [1972] para. 27; Federal
  Republic of Germany v Council of the European Union [1994] paras 105–12). This has
  triggered much criticism in the legal literature. It has been argued that the ECJ’s position in
  the 1947 GATT and WTO Agreement cases is political and mostly influenced by an attempt
  to protect Union interests. The ECJ’s position has been supported by an EU Council
  statement that the WTO Agreement ‘is not susceptible to being directly invoked in [Union]
  or Member State courts’ (Council Decision 94/800/EC of 22 December 1994, Preamble, last
  recital).

  26 The ECJ held that

        in the light of their subject-matter and purpose, [the WTO agreements] do not
        determine the appropriate legal means of ensuring that they are applied in good
        faith in the legal order of the contracting parties. (Portugal v Council Case para. 41)

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It corroborated this conclusion with two main arguments: the negotiability of WTO
  obligations (ibid para. 42) and the lack of reciprocity regarding direct effect when taking
  into account the main trading partners (ibid paras 43–45). If the ECJ directly applied WTO
  rules, it would prevent the Community from making effective use of its rights under Art.
  22.2 Understanding on Rules and Procedures Governing the Settlement of Disputes (Annex
  2 to the Marrakesh Agreement Establishing the World Trade Organization) (ibid para. 39).

  27 There are two exceptions to this line of jurisprudence. Some scholars consider GATT
  rules to be directly applicable either if the Union intends to implement, with the enactment
  of an internal act, a particular international obligation (Nakajima [1991] para. 31), or where
  an internal act explicitly refers to an agreement (Fediol [1989] para. 21). This
  understanding has been confirmed for the WTO Agreement (Portugal v Council Case [1999]
  para. 48; see also, eg Biret International SA v Council of the European Union [2003] para.
  52; Léon Van Parys NV v Belgisch Interventie- en Restitutiebureau [BIRB] [2005] para. 40).
  Furthermore, the case Commission v Germany (1996) illustrates that the ECJ applies WTO
  rules when deciding on the legality of measures taken by Member States. The legal basis
  for that application is left open.

  28 In order to assess this approach, it should be considered that the issue of direct effect
  of WTO law goes beyond the technical criterion of determinedness. It raises constitutional
  concerns relating to democratic government, legal certainty, and legal equality. Direct
  effect of WTO law would increase the need for international legislation, but the WTO system
  does not have at its disposal an institution that could serve as legislator. Another principle
  to be considered is legal equality. The EU legal system addresses the concern that the EU
  law might not be applied equally by domestic courts through various mechanisms, above all
  the preliminary rulings procedure according to Art. 367 TFEU (Art. 234 ECT). The WTO
  system, by contrast, does not provide for a similar mechanism to guarantee the equal
  application of WTO law in domestic courts. Moreover, the potential discrimination against
  domestic producers if WTO law is applied directly is to be considered (for details see von
  Bogdandy [2008]).

  29 A further issue is the effect of decisions of the Dispute Settlement Body (‘DSB’; → World
  Trade Organization, Dispute Settlement). So far, the ECJ has denied direct effect in cases
  where the reasonable period of time to comply with the decision or to negotiate on
  compensation has not yet expired (Biret [2003] para. 62). However, even the expiry of the
  deadline does not entail that the Union has exhausted all options for negotiations;
  accordingly, direct effect has been denied (Léon Van Parys NV [2005] para. 51). The ECJ
  invoked the lack of reciprocity as preventing domestic courts from declaring Community
  legislation incompatible with WTO law since this would ‘deprive the Community’s legislative
  or executive bodies of the discretion which the equivalent bodies of the [Union’s]
  commercial partners enjoy’ (Léon Van Parys NV [2005] para. 53). Furthermore, the ECJ
  denied the Union’s liability towards economic operators suffering damages caused by
  retaliatory measures imposed upon the exporters due to the Community’s failure to bring
  its measures into conformity with its obligations under the WTO agreements within the time
  limit laid down by the DSB (FIAMM v Council of the European Union [2008] para. 188). By
  contrast, Advocate General Maduro suggested that economic operators in such cases
  should have the right to compensation on the basis of the principle of objective liability (ibid
  para. 63; von Bogdandy [2005] 65).

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date:
26 March 2021
2. European Convention for the Protection of Human Rights and
  Fundamental Freedoms
  30 Although the EU is not a Contracting Party of the ECHR so far, its guarantees and the
  jurisprudence of the → European Court of Human Rights (ECtHR) are the main reference
  for the ‘fundamental human rights enshrined in the general principles of Community
  law’ (Stauder v City of Ulm, Sozialamt [1969] para. 7; see also Nold, Kohlen- und
  Baustoffgroßhandlung v Commission of the European Communities [1974] para. 13; Ordre
  des barreaux francophones et germanophones v Conseil des ministres [2007] para. 29).
  Despite explicit reference in Art. 6 (3) TEU (Lisbon) (Art. 6 (2) TEU [Nice]) and discussions
  on the functional succession of the Union to the ECHR, the prevailing position in the legal
  doctrine and jurisprudence of the ECJ is that the ECHR is not a part of the EU legal order,
  and thus that the ECJ cannot apply the ECHR directly when reviewing the legality of Union
  and Member State measures. Legally, it remains a subsidiary tool for the determination of
  EU law, to which the ECJ, however, often refers (Opinion 2/94 para. 33; see also Mayr-
  Melnhof Kartongesellschaft mbH v Commission of the European Communities [1998] paras
  311–12).

  31 Just as the ECJ considers the ECHR as not forming part of the EU legal order but as an
  interpretative tool of significant importance, the ECtHR also held that while acts of the EU
  as such cannot be challenged before the ECtHR because the EU is not a Contracting Party,
  Member States’ responsibility under the ECHR continues after the transfer of their
  competences to international organizations (Matthews v United Kingdom [1999] para. 32).
  The ECtHR, however, limits its review of such acts to cases where the protection of human
  rights has been manifestly deficient. In principle, it assumes that the fundamental rights
  protection by the ECJ is comparable to that under the ECHR (Bosphorus v Ireland [2005]
  paras 149–56; → Bosphorus Case).

  32 According to Art. 6 (2) TEU (Lisbon), it is envisaged for the EU to accede to the ECHR.
  This will resolve the question as to the position of the ECHR within the EU legal order.
  Furthermore, the → Charter of Fundamental Rights of the European Union (2000) has
  become formally binding on the EU and the Member States upon the entry into force of the
  Lisbon Treaty. This further clarifies the position of the ECHR in the EU legal order since
  Art. 52 (3) of the Charter establishes that for the rights which correspond to those
  guaranteed by the ECHR that their ‘meaning and scope … shall be the same as those laid
  down by the said Convention’. The latter does not, according to the same provision, prevent
  the EU providing more extensive protection than that accorded under the ECHR.

  3. United Nations Charter
  33 The implementation of UN Security Council measures under Chapter VII UN Charter by
  the EU brought the doctrinal question as to the relationship between the UN Charter and
  EU legal order into the limelight, and has provoked a rich discussion if, and to what extent,
  the EU is bound by the UN Charter and secondary UN law. This is particularly the case for
  UN Security Council resolutions, especially those affecting individuals. A crucial issue is the
  competence of the ECJ in this field.

  34 For a long time, the EU has not been considered to be bound by the UN Charter and
  UN Security Council measures (cf Art. 25 UN Charter). Yet, since the EU Member States
  are members of the UN, the Union institutions were supposed ‘to take into account’ UN law.
  Accordingly, EU measures that implement UN Security Council resolutions, such as
  → economic sanctions, demonstrate the will of the Member States to fulfil their obligations
  under the UN Charter also via the EU law (implied in Bosphorus Hava Yollari Turizm ve
  Ticaret AS v Minister for Transport, Energy and Communications and Others [1996];
  confirmed in R v HM Treasury and Bank of England, ex parte Centro-Com Srl [1997] paras

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date:
26 March 2021
27–30). If the Member States have recourse to EU law to implement their obligations, these
  measures need to be compatible with the EU law (ibid para. 30), including EU fundamental
  rights.

  35 In decisions on economic sanctions against individuals, the CFI extended the doctrine of
  functional succession to the UN Charter (Yusuf v Council of the European Union [2005]
  para. 250; see also Kadi v Council of the European Union and Commission of the European
  Communities [2005]; Ayadi v Council of the European Union [2006]) even though the
  Member States had not fully conferred their powers related to the UN Charter upon the EU
  (Yusuf [2005] para. 125). In addition to functional succession, the CFI also based its
  argument on Art. 307 ECT (ibid para. 235). Article 307 ECT (Art. 351 TFEU), however, does
  not oblige the Union to implement obligations of Member States according to such
  agreements but only disburdens the Member States of EU responsibility for infringements
  of Union law while acting in accordance with their international obligations.

  36 As decided in the Kadi and Al Barakaat International Foundation v Council and
  Commission [2008] judgment, the ECJ can judge Union implementing measures on their
  compatibility with EU primary law (see also Advocate General Opinion of 16 January 2008,
  confirmed by the General Court in Kadi v Commission [2010]). This indirectly strengthens
  European fundamental rights and the European rule of law against measures of
  international organizations. At the same time, the autonomy of the ‘Treaty as an
  autonomous legal system’ (Kadi [2008] para. 316) vis-à-vis the international legal order is
  asserted. In the academic responses to the judgment much criticism was raised regarding
  these points (see the contributions in [2008] 5 IOLR 323–79).

  D. Assessment
  37 The complex relationship between EU law and international law is but an element of the
  complexity of the external dimension of European integration. Some of this complexity
  might simply be due to the contorted evolution of the law of European integration from an
  international treaty to an autonomous legal order; the law of an important international
  actor: it would be surprising if all elements of that legal development fitted neatly together.

  38 Some observers criticize a certain reticence of the EU’s institutions towards
  international law. Yet, every developed domestic legal system can limit the effect of a norm
  of international law in cases of conflict with its constitutional principles. There should
  always be the possibility, at least in liberal democracies, to legally limit the effect of a norm
  or an act under international law within the domestic legal order if it severely conflicts with
  constitutional principles. This corresponds to the state of development of international law
  and the sometimes debatable legitimacy of international legal acts.

  39 Nevertheless, those who assert that the ECJ has a rather instrumental understanding of
  international law have a point. The ECJ uses international law certainly more as an
  argument to enforce Member States’ Union obligations than to submit measures of the EU
  institutions to scrutiny. Moreover, the ECJ has mostly attributed direct effect to
  international obligations of agreements where the EC or the EU has been the politically
  hegemonic force and has therefore had political control over the obligation, whereas it has
  denied direct effect in other constellations, in particular WTO law and the United Nations
  Convention on the Law of the Sea. Perhaps the ECJ sees the EU as an emerging superpower
  (→ Superpowers and Great Powers). Such an understanding would sit uncomfortably with
  the professed support of international law, pointedly expressed in Art. 21 (1) TEU (Lisbon):

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date:
26 March 2021
The Union’s action on the international scene shall be guided by the principles
        which have inspired its own creation, development and enlargement, and which it
        seeks to advance in the wider world: democracy, the rule of law, the universality and
        indivisibility of human rights and fundamental freedoms, respect for human dignity,
        the principles of equality and solidarity, and respect for the principles of the United
        Nations Charter and international law.

  Select Bibliography
        A von Bogdandy PC Mavroidis, and Y Mény (eds) European Integration and
        International Co-ordination: Studies in Transnational Economic Law in Honour of
        Claus-Dieter Ehlermann (Kluwer The Hague 2002).
        J Klabbers ‘International Law in Community Law: The Law and Politics of Direct
        Effect’ (2002) 21 YEL 263–98.
        A Nollkaemper ‘The Direct Effect of Public International Law’, in JM Prinssen and A
        Schrauwen (eds), Direct Effect: Rethinking a Classic of EC Legal Doctrine (Europa
        Law Publishing Groningen 2002) 155–80.
        J Wouters and D Van Eeckhoutte ‘Enforcement of Customary International Law
        through European Community Law’, in JM Prinssen and A Schrauwen (eds), Direct
        Effect: Rethinking a Classic of EC Legal Doctrine (Europa Law Publishing Groningen
        2002) 183–234.
        J Boulouis ‘Le droit des Communautés européennes dans ses rapports avec le droit
        international général’ (1992) 235 RdC 9–80.
        A Pellet ‘Les fondements juridiques internationaux du droit communautaire’ (1994)
        5(2) Collected Courses of the Academy of European Law 193–271.
        A Peters ‘The Position of International Law within the European Community Legal
        Order’ (1997) 40 GYIL 9–77.
        I CanorThe Limits of Judicial Discretion in the European Court of Justice: Security and
        Foreign Affairs Issues (Nomos Baden-Baden 1998).
        M Koskenniemi (ed) International Law Aspects of the European Union (Kluwer The
        Hague 1998).
        A von Bogdandy ‘The Legal Case for Unity: The European Union as a Single
        Organization with a Single Legal System’ (1999) 36 CMLRev 887–910.
        K Lenaerts and E De Smijter ‘The European Union as an Actor under International
        Law’ (1999–2000) 19 YEL 95–138.
        A Dashwood (ed) The General Law of EC External Relations (Sweet & Maxwell
        London 2000).
        V Kronenberger (ed) The European Union and the International Legal Order: Discord
        or Harmony? (TMC Asser Press The Hague 2001).
        A Cebada Romero, La Organización Mundial del Comercio y la Unión Europea (La Ley
        Las Rozas 2002).
        P Eeckhout, External Relations of the European Union: Legal and Constitutional
        Foundations (OUP Oxford 2004).
        N Lavranos, Legal Interaction between Decisions of International Organizations and
        European Law (Europa Law Publishing Groningen 2004).
        C Tomuschat ‘Artikel 300 EG’, in H von der Groeben and J Schwarze (eds),
        Kommentar zum Vertrag über die Europäische Union und zur Gründung der
        Europäischen Gemeinschaft vol 4 (6th edn Nomos Baden-Baden 2004) 1571–1607.
        DR Verwey, The European Community, the European Union and the International Law
        of Treaties: A Comparative Legal Analysis of the Community and Union’s External
        Treaty-Making Practice (TMC Asser Press The Hague 2004).

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date:
26 March 2021
A von Bogdandy ‘Legal Effects of World Trade Organization Decisions within
        European Union Law: A Contribution to the Theory of the Legal Acts of International
        Organizations and the Action for Damages under Article 288(2) EC’ (2005) 39 JWT
        45–66.
        T Ahmed and I de Jesús Butler ‘The European Union and Human Rights: An
        International Law Perspective’ (2006) 17 EJIL 771–801.
        R Holdgaard ‘Principles of Reception of International Law in Community Law’ (2006)
        25 YEL 263–314.
        S Kadelbach (ed) Die Außenbeziehungen der Europäischen Union (Nomos Baden-
        Baden 2006).
        P Koutrakos, EU International Relations Law (Hart Oxford 2006).
        R Schütze ‘EC Law and International Agreements of the Member States: An
        Ambivalent Relationship?’ (2006–07) 9 CYELS 387–440.
        D Thym ‘Die völkerrechtlichen Verträge der Europäischen Union’ (2006) 66 ZaöRV
        863–925.
        C Tomuschat ‘Die Europäische Union und ihre völkerrechtliche Bindung’ (2007) 34
        EuGRZ 1–12.
        M Cremona (ed) Developments in EU External Relations Law (OUP Oxford 2008).
        M Cremona and B de Witte (eds) EU Foreign Relations Law: Constitutional
        Fundamentals (Hart Oxford 2008).
        A Dashwood and M Maresceau, Law and Practice of EU External Relation: Salient
        Features of a Changing Landscape (CUP Cambridge 2008).
        C Herrmann ‘Much Ado about Pluto? The “Unity of the Legal Order of the European
        Union” Revisited’, in M Cremona and B de Witte (eds), EU Foreign Relations Law:
        Constitutional Fundamentals (Hart Oxford 2008) 20–52.
        A von Bogdandy ‘Pluralism, Direct Effect, and the Ultimate Say: On the Relationship
        between International and Domestic Constitutional Law’ (2008) 6 ICON 397–413.
        J Wouters, A Nollkaemper, and E de Wet (eds) The Europeanisation of International
        Law: The Status of International Law in the EU and Its Member States (TMC Asser
        Press The Hague 2008).
        J Klabbers Treaty Conflict and the European Union (CUP Cambridge 2009).
        M Mendez ‘The Legal Effect of Community Agreements: Maximalist Treaty
        Enforcement and Judicial Avoidance Techniques’ (2010) 21 EJIL 83–104.
        R Uerpmann-Wittzack ‘The Constitutional Role of International Law’, in A von
        Bogdandy and J Bast (eds), Principles of European Constitutional Law (2nd edn Hart
        Oxford 2010) 131–67.

  Select Documents
        Bosphorus v Ireland (ECtHR) Reports 2005-VI 107.
        Case 4/73 Nold, Kohlen- und Baustoffgroßhandlung v Commission of the European
        Communities [1974] ECR 491.
        Case 12/86 Meryem Demirel v Stadt Schwäbisch Gmünd [1987] ECR 3719.
        Case 17/81 Pabst & Richarz KG v Hauptzollamt Oldenburg [1982] ECR 1331.
        Case 22/70 Commission of the European Communities v Council of the European
        Communities (ERTA Case) [1971] ECR 263.
        Case 26/62 NV Algemene Transport- en Expeditie Onderneming van Gend & Loos v
        Netherlands Inland Revenue Administration [1963] ECR 1.
        Case 29/69 Stauder v City of Ulm, Sozialamt [1969] ECR 419.
        Case 41/74 Van Duyn v Home Office [1974] ECR 1337.

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26 March 2021
Case 43/75 Defrenne v Sabena [1976] ECR 455.
        Case 70/87 Fédération de l’industrie de l’huilerie de la CEE (Fediol) v Commission of
        the European Communities [1989] ECR 1781.
        Case 87/75 Conceria Daniele Bresciani v Amministrazione Italiana delle Finanze
        [1976] ECR 129.
        Case 181/73 R & V Haegeman v Belgian State [1974] ECR 449.
        Case 294/83 Parti écologiste ‘Les Verts’ v European Parliament [1986] ECR 1339.
        Case C–37/00 Weber v Universal Ogden Services Ltd [2002] ECR I-2013.
        Case C–53/96 Hermès International v FHT Marketing Choice BV [1998] ECR I-3603.
        Case C–61/94 Commission of the European Communities v Federal Republic of
        Germany (International Dairy Arrangement) [1996] ECR I-3989.
        Case C–62/88 Hellenic Republic v Council of the European Communities [1990] ECR
        I-1527.
        Case C–69/89 Nakajima All Precision Co Ltd v Council of the European Communities
        [1991] ECR I-2069.
        Case C–84/95 Bosphorus Hava Yollari Turizm ve Ticaret AS v Minister for Transport,
        Energy and Communications and Others [1996] ECR I-3953.
        Case C–91/05 Commission of the European Communities v Council of the European
        Union (ECOWAS) [2008] ECR I-3651.
        Case C–93/02 P Biret International SA v Council of the European Union [2003] ECR
        I-10497.
        Case C–104/81 Hauptzollamt Mainz v CA Kupferberg & Cie KG aA [1982] ECR I-3641.
        Case C–124/95 The Queen v HM Treasury and Bank of England ex parte Centro-Com
        Srl [1997] ECR I-81.
        Case C–162/96 Racke v Hauptzollamt Mainz [1998] ECR I-3655.
        Case C–170/98 Commission of the European Communities v Kingdom of Belgium
        [1999] ECR I-5493.
        Case C–173/06 Agrover Srl v Agenzia Dogane Circoscrizione Doganale di Genova
        [2007] ECR I-8783.
        Case C–188/91 Deutsche Shell AG v Hauptzollamt Hamburg-Harburg [1993] ECR
        I-363.
        Case C–192/89 SZ Sevince v Staatssecretaris van Justitie [1990] ECR I-3461.
        Case C–205/06 Commission of the European Communities v Republic of Austria
        [2009] I-1301.
        Case C–239/03 Commission of the European Communities v French Republic [2004]
        ECR I-9325.
        Case C–249/06 Commission of the European Communities v Kingdom of Sweden
        [2009] ECR I-1335.
        Case C–280/93 Federal Republic of Germany v Council of the European Union [1994]
        ECR I-4973.
        Case C–286/90 Anklagemyndigheden v Peter Michael Poulsen and Diva Navigation
        Corp [1992] ECR I-6019.
        Case C–294/06 R (on the Application of Ezgi Payir, Burhan Akyuz and Birol Ozturk) v
        Secretary of State for the Home Department [2008] ECR I-203.
        Case C–301/06 Ireland v European Parliament and Council of the European Union
        [2009] ECR I-593.
        Case C–305/05 Ordre des barreaux francophones et germanophones v Conseil des
        ministres [2007] ECR I-5305.
        Case C–308/06 International Association of Independent Tanker Owners (Intertanko)
        v Secretary of State for Transport [2008] ECR I-4057.
        Case C–314/91 Weber v European Parliament [1993] ECR I-1093.

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26 March 2021
Case C–327/91 French Republic v Commission of the European Communities [1994]
        ECR I-3641.
        Case C-377/02 Léon Van Parys NV v Belgisch Interventie- en Restitutiebureau (BIRB)
        [2005] ECR I-1465.
        Case C–377/98 The Kingdom of the Netherlands v European Parliament and Council
        of the European Union [2001] ECR I-7079.
        Case C–432/92 R v Minister of Agriculture, Fisheries and Food, ex parte Anastasiou
        (Pissouri) [1994] ECR I-3087.
        Case C–459/03 Commission of the European Communities v Ireland (Mox Plant)
        [2006] ECR I-4635.
        Case C–469/93 Administrazione delle Finanze dello Stato v Chiquita Italia SpA [1995]
        ECR I-4533.
        Case C–540/03 European Parliament v Council of the European Union [2006] ECR
        I-5769.
        Case T–85/09 Kadi v Commission of the European Communities [2010].
        Case T–115/94 Opel Austria GmbH v Council of the European Union [1997] ECR II-39.
        Case T–253/02 Ayadi v Council of the European Union [2006] ECR II-2139.
        Case T–306/01 Yusuf v Council of the European Union [2005] ECR II-3533.
        Case T–315/01 Kadi v Council of the European Union and Commission of the
        European Communities [2005] ECR II-3649.
        Case T–347/94 Mayr-Melnhof Kartongesellschaft mbH v Commission of the European
        Communities [1998] ECR II-1751.
        Consolidated Version of the Treaty Establishing the European Community (signed 16
        April 2003, entered into force 1 May 2004) [2006] OJ 321E/37.
        Consolidated Version of the Treaty on European Union (signed 16 April 2003, entered
        into force 1 May 2004) [2006] OJ 321E/5.
        Consolidated Versions of the Treaty on European Union and the Treaty on the
        Functioning of the European Union (signed 13 December 2007) [2008] OJ C115/1.
        Council Decision 94/800/EC of 22 December 1994 concerning the Conclusion on
        Behalf of the European Community, as regards Matters within its Competence, of the
        Agreements Reached in the Uruguay Round Multilateral Negotiations, (1986–1994)
        [1994] OJ L336/1.
        Joined Cases 21 to 24/72 International Fruit Company v Produktschap voor Groenten
        en Fruit [1972] ECR 1219.
        Joined Cases 89, 104, 114, 116, 117, and 125 to 129/85 A Ahlström Osakeyhtiö v
        Commission of the European Communities [1988] ECR I-5193.
        Joined Cases C–120/06 P and C–121/06 P FIAMM v Council of the European Union
        [2008] ECR I-6513.
        Joined Cases C–300/98 and C392/98 Parfums Christian Dior SA v TUK Consultancy BV
        and Assco Gerüste GmbH v Wilhelm Layher GmbH&CoKG [2000] ECR I-11307.
        Joined Cases C–317/04 and C–318/04 European Parliament v Council of the European
        Union (EEC-US Passenger Name Records Agreement) [2006] ECR I-4721.
        Joined Cases C–402/05 P and C–415/05 P Kadi and Al Barakaat International
        Foundation v Council of the European Union and Commission of the European
        Communities [2008] ECR I-6351.
        Matthews v United Kingdom (ECtHR) Reports 1999-I 251.
        Opinion 1/03 Competence of the Community to Conclude the New Lugano Convention
        on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and
        Commercial Matters [2006] ECR I-1145.
        Opinion 1/08 GATS—Schedules of Specific Commitments [2009] ECR I-11129.
        Opinion 1/75 Local Cost Standard [1975] ECR 1355.

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26 March 2021
Opinion 1/76 Draft Agreement Establishing a European Laying-up Fund for Inland
        Waterway Vessels [1977] ECR 741.
        Opinion 1/91 Draft Agreement between the Community, on the One Hand, and the
        Countries of the European Free Trade Association, on the Other, relating to the
        Creation of the European Economic Area [1991] ECR I-6079.
        Opinion 1/92 Draft Agreement between the Community, on the One Hand, and the
        Countries of the European Free Trade Association, on the Other, relating to the
        Creation of the European Economic Area [1992] ECR I-2821.
        Opinion 1/94 Competence of the Community to Conclude International Agreements
        concerning Services and the Protection of Intellectual Property—Article 228 (6) of the
        EC Treaty [1994] ECR I-5267.
        Opinion 2/94 Accession by the Communities to the Convention for the Protection of
        Human Rights and Fundamental Freedoms [1996] ECR I-1759.
        Opinion 3/94 GATT-WTO-Framework Agreement on Bananas [1995] ECR I-4577.
        Treaty of Lisbon amending the Treaty on European Union and the Treaty Establishing
        the European Community (signed 13 December 2007) [2007] OJ C306.

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26 March 2021
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