Case 70/87, Fediol [1989] ECR 1781 
EC裁判所 1989年6月22日 判決 |
[19] It should be recalled that the Court has certainly
held, on several occasions, that various GATT provisions were not capable of
conferring on citizens of the Community rights which they can invoke before the
courts […]. Nevertheless, it cannot be inferred from those judgments that
citizens may not, in proceedings before the Court, rely on the provisions of
GATT in order to obtain a ruling on whether conduct criticized in a complaint
lodged under Article 3 of Regulation No 2641/84 constitutes an illicit
commercial practice within the meaning of that regulation. The GATT provisions
form part of the rules of international law to which Article 2 (1) of that
regulations refers, as is borne out by the second and fourth recitals in its
preamble, read together.
[.....]
[22] It follows that, since Regulation No 2641/84
entails the economic agents concerned to rely on the GATT provisions in the
complaint which they lodge with the Commission in order to establish the
illicit nature of the commercial practices which they consider to have harmed
them, those same economic agents are entitled to request the Court to exercise
its powers of review over the legality of the Commission’s decision applying
those provisions.
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Case C-280/93, Germany v Council [1994] ECR I-4973
[111] In the absence of such an obligation following from GATT itself,
it is only if the Community intended to implement a particular obligation
entered into within the framework of GATT, or if the Community act expressly refers to specific provisions of GATT, that the Court can review the lawfulness of the Community act in question
from the point of view of the GATT rules (see Case 70/87 Fediol v Commission [1989] ECR 1781 and Case C-69/89 Nakajima v Council [1991] ECR I-2069)〔強調引用者〕.
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Case C-149/96, Portugal v Council [1999] ECR I-8395
[49] It is only where the Community intended to implement a particular
obligation assumed in the context of the WTO, or where the Community measure refers expressly to the precise provisions of the
WTO agreements, that it is for the Court to review the legality of the Community measure
in question in the light of the WTO rules (see, as regards GATT 1947, Fediol, paragraphs 19 to 22, and Nakajima, paragraph 31)〔強調引用者〕.
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