@article{2024:brandts:a_truly_,
title = {A Truly “Common” Commercial Policy? – A Legal Assessment of the Ban on Ukrainian Grain in the Interplay of WTO and EU Law},
year = {2024},
note = {On 18 September 2023, Ukraine initiated proceedings against Poland,
Hungary and the Slovak Republic under the WTO Dispute Settlement
Understanding. This came in response to bans on Ukrainian grain
imports which the three EU Member States had previously introduced.
This unilateral conduct puts the common nature of the EU’s
commercial policy, an exclusive Union competence, seriously into
question. This article elaborates on that jeopardization of the common
commercial policy by showing that the grain ban is violating WTO law
and may result in retaliations affecting the EU at large. It then
assesses whether nevertheless the commonality of the Union’s policy
can be maintained both externally and internally. To this end, it
elaborates on the practice of the Union in WTO dispute settlement and
argues that the conduct of Member State organs is attributable to the
EU. Furthermore, it analyses whether and on what basis infringement
proceedings against the Member States may be successful. In this, it
takes account of norms regarding the common commercial policy, the
duty of cooperation, and the WTO Agreements as integral parts of EU
law. To this end, special attention is paid to the CJEU’s
jurisprudence on the legal value of WTO law and DSB Reports.},
journal = {ZEuS Zeitschrift für Europarechtliche Studien},
pages = {402--429},
author = {Brandts, Robert},
volume = {27},
number = {3}
}