GD/201
EEC - Restrictions on Imports of Apples - Complaint by the United States
Other titles
EEC Apples (US) (Source: GATT Analytical Index)
Products at Issue
| Products at issue |
Apples
|
| Type of product |
Agricultural
|
| Product sub-type |
Fruits and dried fruits
|
Related disputes
| GATT | |
| WTO |
Key legal aspects
| Legal basis |
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| Claims raised |
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| Defences raised |
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Adjudicators
| Type | Panel |
| Chairperson | George A. Maciel (Brazil) |
| Other members | Margaret Liang (Singapore), Thomas Cottier (Switzerland) |
| Type | Panel |
| Legal basis at issue |
|
| Claims at issue |
|
| Defences at issue |
|
| No of Pages (total / legal reasoning) | 37 |
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Timeline
| Request for consultations | |
| Request for establishment | |
| Establishment | |
| Composition | |
| Report | |
| Adoption of report |
Outcome
| Outcome of the proceedings |
Report adopted
|
| Additional Info | L/6513 (25/05/1989) European Economic Community - Restrictions on Imports of Apples - Complaint by the United States - Report of the Panel: The Panel found that the system of restrictive licensing applied by the EEC to imports of apples from April through August 1988 constituted an import restriction or prohibition inconsistent with Article XI:1 of the General Agreement. With respect to Article X:2(c)(i), the Panel examined in particular the existence of governmental measures which operated to restrict the quantities of the like domestic product permitted to be marketed or produced and found that the EEC measures did not constitute marketing restrictions of a type which could justify import restrictions under that provision. The Panel further found that the 1988 surplus could not be considered a temporary one, and that therefore the EEC did not meet the conditions for imposing import restrictions under Article XI:2(c)(ii). Finally, the Panel found that the operation of a back-dated import restriction in respect of "other countries", including the United States, was inconsistent with GATT Articles X and XIII. |