IDEAS home Printed from https://ideas.repec.org/p/erp/jeanmo/p0189.html
   My bibliography  Save this paper

Remedying European legal pluralismThe FIAMM and Fedon litigation and the judicial protection of international trade bystanders

Author

Listed:
  • Marco Dani

Abstract

In FIAMM and Fedon the European Court of Justice has ruled that Community undertakings hit by US trade sanctions authorised by the WTO Dispute Settlement Body are not entitled to compensation damages from EC political institutions. The article discusses the cases in the background of current debates on the attitude of the Court of Justice towards international law and, more broadly, on European legal pluralism. From this standpoint, it provides a critical assessment of the legal issues involved in this litigation – internal status of WTO obligations, scope for manoeuvre of EC political institutions in international trade relations, liability for unlawful and lawful conduct – and offers a comparative analysis of the possible solutions to the case suggesting that a finding of liability for lawful conduct would have been a preferable outcome in both theoretical and substantive terms.

Suggested Citation

  • Marco Dani, 2009. "Remedying European legal pluralismThe FIAMM and Fedon litigation and the judicial protection of international trade bystanders," Jean Monnet Working Papers 6, Jean Monnet Chair.
  • Handle: RePEc:erp:jeanmo:p0189
    as

    Download full text from publisher

    File URL: http://centers.law.nyu.edu/jeanmonnet/papers/09/090601.html
    File Function: Contents/abstract
    Download Restriction: no

    File URL: http://centers.law.nyu.edu/jeanmonnet/papers/090601.pdf
    File Function: Part of text
    Download Restriction: no
    ---><---

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:erp:jeanmo:p0189. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Charlie Pike (email available below). General contact details of provider: http://www.jeanmonnetprogram.org/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.