EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Second Recourse to Article 21.5 of the DSU by Ecuador Notification of an Appeal by the European Communities under Article 16.4 and Article 17 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), and under Rule 20(1) of the Working Procedures for Appellate Review
Date: 29 August 2008
Document codes: WT/DS27/89
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND
DISTRIBUTION OF BANANAS

Second Recourse to Article 21.5 of the DSU by Ecuador

Notification of an Appeal by the European Communities
under Article 16.4 and Article 17 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes (DSU),
and under Rule 20(1) of the Working Procedures for Appellate Review

 The following notification, dated 28 August 2008, from the Delegation of the European
Commission, is being circulated to Members.

Procedures for Appellate Review, the European Communities submits its Notice of Appeal on
certain issues of law and certain legal interpre tations developed by the Panel in the Report on
European Communities' regime for the importation, sale and distribution of bananas –
Recourse to Article 21.5 of the DSU by Ecuador.
1

2. The European Communities seeks review by th e Appellate Body of the following issues of
law and legal interpretations in the Report of the Panel:

(a) The Panel's erroneous interpretation and application of Article 9.3 of the DSU;
(b) the Panel’s erroneous findings concerning the legal effects of the Understanding on
Bananas signed by Ecuador and the European Communities in 2001;
(c) the Panel's erroneous interpretation and app lication of the principle of good faith in
WTO law;
(d) the Panel's legal errors concerning the le gal effects of the Doha waiver on the
European Communities' Schedule of Concessions;
(e) the Panel’s erroneous interpretation of Article XIII of the GATT and erroneous
finding of a violation of that provision;
(f) the Panel’s legal errors in considering that a limitation imposed on the quantity of
goods that can benefit from a preferential ta riff lawfully granted to certain Members
nullifies or impairs benefits accruing unde r the GATT to all other Members and the
Panel's erroneous finding that Ecuador suffe red nullification or impairment arising

1 WT/DS27/RW2/ECU circulated on 7 April 2008.

from any inconsistency of the European Co mmunities' measures with Article XIII of
the GATT;
(g) the Panel's legal errors relating to the lega l effects of suggestions made by panels
pursuant to Article 19.1 of the DSU and the Panel's failure to examine the European
Communities' measures in the light of these suggestions.