Chiquita 判決において、第1審裁判所は、Nakajima 判決理論の適用性について検討しているが、同理論のベースとなった GATTダンピング防止協定の特殊性について、以下のように判断している。

[121] It should be noted that in the anti-dumping area the relevant GATT and WTO agreements imposed a direct obligation on each of the contracting parties to adapt their national legislation so as to reflect the content of those agreements. The 1979 Anti-Dumping Code, in an Article 16(6)(a), headed ‘National legislation’ required the contracting parties to take ‘all necessary steps, of a general or particular character, to ensure, not later than the date of entry into force of this Agreement for it, the conformity of its laws, regulations and administrative procedures with the provisions of this Agreement as they may apply for the Party in question’ (Decision 80/271). Article 18(4) of the 1994 Anti-Dumping Code contains similar provisions.

[122] In order to comply with those obligations, the Council amended the legislation applicable to anti-dumping procedures. Thus, after the adoption of the 1979 Anti-Dumping Code, the Council adopted Regulation (EEC) No 3017/79 of 20 December 1979 on protection against dumped or subsidised imports from countries not members of the European Economic Community (OJ 1979 L 339, p. 1). It is apparent, in particular from the preamble (third and fourth recitals) to that regulation, that Community rules defending against dumped imports had to be amended in the light of the agreements which emerged from the multilateral trade talks concluded in 1979 at the end of the Tokyo Round, the Council considering it ‘essential, in order to maintain the balance of rights and obligations which these agreements sought to establish, that the Community take account of their interpretation by the Community’s major trading partners, as reflected in legislation or established practice’. The preamble to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidised imports from countries not members of the European Economic Community (OJ 1988 L 209, p. 1), the compatibility of which with the 1979 Anti-Dumping Code was challenged in Nakajima, contained identical provisions and also stated that the common rules for protection against dumped or subsidised imports ‘were adopted in accordance with existing international obligations’, in particular those arising from Article VI of the GATT and the 1979 Anti-Dumping Code.　

[123] Similarly, following the conclusion of the 1994 Anti-Dumping Code, the Community amended its internal rules concerning anti-dumping procedures by successively adopting Council Regulation (EC) No 3283/94 of 22 December 1994 on protection against dumped imports from countries not members of the European Community (OJ 1994 L 349, p. 1) and then Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (OJ 1996 L 56, p. 1). The preamble to Regulation No 3283/94 indicated that, following the conclusion of multilateral trade negotiations in 1994’it [was] appropriate to amend the Community rules in the light of [those] new Agreements’ (third recital). The preamble states that, in order to maintain ‘the balance of rights and obligations which the GATT Agreement establishes’, it is ‘essential that the Community takes account of their interpretation by [its] major trading partners’ (fourth recital). It further emphasises that ‘in view of the extent of the changes [arising from the 1994 Anti-Dumping Code] and to ensure an adequate and transparent implementation of the new rules, it is appropriate to transpose the language of the new agreements into Community legislation to the extent possible’ (fifth recital). Those provisions were maintained in the preamble to Regulation No 384/96, which was the relevant regulation in Petrotub and Republica.

[124] The applicant rightly argues that application of the Nakajima case-law is not, a priori, limited to the area of anti-dumping. It is capable of being applied in other areas governed by provisions of the WTO Agreements where those agreements and the Community provisions whose legality is in question are comparable in nature and content to those just referred to above concerning the Anti-Dumping Codes of the GATT and the anti-dumping basic regulations which transpose them into Community law.　　

[125] Therefore, the condition for applying the Nakajima case-law to the effect that the Community measure whose legality is challenged must have been adopted for the purpose of ‘implementing a particular obligation assumed in the context of the WTO Agreements’ requires, in particular, that that measure specifically transposes prescriptions arising from the WTO Agreements into Community law.