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Great Judgments of the European Court of Justice No Direct Effect for the GATT
Published online by Cambridge University Press: 04 November 2020
This chapter discusses the Court’s 1972 judgment, International Fruit, where the Court denied that provisions of the General Agreement on Tariffs and Trade (GATT) should be granted direct effect within the European legal order. This judgment is often understood as the first of many instances in which the Court denied the direct effect of GATT, and later World Trade Organization (WTO), obligations. This chapter uses the Court’s rejection of direct effect in International Fruit to offer an improved understanding of the Court’s declaration of direct effect in Van Gend en Loos, highlighting its connections to the prohibition of inter-state retaliation and unilateral safeguard mechanisms within the European legal order.
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