Trade and Competition Law in the EU and Beyond
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Trade and Competition Law in the EU and Beyond

Edited by Inge Govaere, Reinhard Quick and Marco Bronckers

This well-documented book comprises a stellar cast of European and American authors delivering an overview of cutting edge issues in the areas of trade and competition law, arising in the EU and beyond.
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Chapter 17: The Brita Ruling of the European Court of Justice: A Few Comments

Marc Maresceau


Marc Maresceau 17.1 INTRODUCTION AND BACKGROUND In his introduction to a volume on the phenomenon of rules of origin in international trade law published in 1994,1 Jacques, after recalling the purpose of rules of origin and the different methods to establish origin, moved on to more existential questions such as the legitimacy of preferential rules of origin and the relationship between rules of origin and the international division of labour. While at first sight rules of origin appeared ‘as an exclusively technical, albeit practically important, subject matter’, it was evident for him that they rapidly also took on both a legal and, often, perhaps a political dimension. The recent Brita ruling of the European Court of Justice is perhaps the most perfect illustration of this point and explains the choice of this contribution for Jacques’ liber amicorum. On 25 February 2010 the Court of Justice of the European Union for the first time provided an interpretation of the Association Agreement between the EC and its Member States and Israel signed in 1995 (hereafter the ‘EC–Israel Association Agreement’) in the aftermath of the Oslo Peace Process and ratified in 2000 when, unfortunately, the momentum of that process had already largely vanished.2 The case had been brought before the Court of Justice following a reference for a preliminary ruling by a 1 Bourgeois, J., ‘Rules of Origin: An introduction’, in E. Vermulst, P. Waer, J. Bourgeois (eds), Rules of Origin in International Trade: A Comparative Study, Ann Arbor, The...

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