On Tuesday, 29 September, the Court of Justice of the European Union (CJEU) rejected Poland’s request to temporarily suspend the enforcement of the EU’s trade agreement with the South American bloc Mercosur. This request was part of Poland’s formal complaint about the agreement, and the CJEU is expected to issue a final ruling later.
In May, Poland filed a complaint with the European Court of Justice (ECJ) over the trade agreement with Mercosur, which includes Argentina, Brazil, Paraguay, and Uruguay. Along with the complaint, Poland sought a precautionary suspension of the trade agreement until the Court could render its decision. On Tuesday, the Luxembourg court denied Poland’s request for interim measures.
The CJEU found that Poland did not sufficiently show that implementing the decision by the Member States in the EU Council—which authorised the provisional application of the trade agreement with Mercosur—would cause serious and irreparable damage.
Poland contended that the circumstances surrounding the contested decision warranted suspending its execution until a final judgment could be made. It cited alleged treaty violations, abuse of power, and breaches of the principle of sincere cooperation, arguing that temporarily applying the trade agreement could set a precedent for similar actions by EU institutions in the future.
However, the Luxembourg court found that the potential illegality of the contested decision alone was not adequate to establish the serious and irreparable nature of the claimed damage. The Court highlighted that Poland failed to provide “the slightest concrete indication” to substantiate the likelihood and immediacy of such damage.
Furthermore, the CJEU noted that Poland did not present sufficient evidence to show that applying the agreement with Mercosur would disrupt the EU agricultural market. Its claims were characterised as general and abstract, without regard to the European Commission’s powers to protect farmers’ economic and social interests in the Union, as well as food safety.
The Court also emphasised that various factors, including fluctuations in energy prices, high fertiliser costs, and competition from non-Mercosur countries, influence conditions in the agricultural market.
The Court will issue a final judgment on Poland’s complaint later. The rejection of the request for interim measures does not preclude a final ruling by the CJEU.
The EU-Mercosur trade agreement has been provisionally in effect since May, allowing for the gradual elimination of customs duties and preferential quotas. Some member states, including Poland, France, and Austria, have opposed it. Poland has filed a complaint with the European Court of Justice regarding the approval process.
The agreement includes a safeguard clause to suspend benefits for certain imports if there’s a significant increase, affecting goods like poultry and beef.
