WTO has this week ruled in the Customs Case; rejecting far-reaching US claims on the EU customs regime and finding in favour of the EU on 16 out of 19 specific cases of customs administration brought by the US.
The panel did not find in US favour on any issues of substance.
The case was launched by the US in 2004. The US complaint claimed lack of uniform application of customs rules between different EU customs authorities and problems with the review of customs decisions.
However when the US posted a note in the Federal Register asking for comments from US companies to support the case they received only three replies.
The WTO upheld the EU argument that the administration of EU customs legislation by the customs authorities and courts of the 25 EU Member States is consistent with WTO rules.
Thereby the Panel report confirms the right of the EU (and any WTO Member) to decide on how to best organise its customs administration, including judicial review of the decisions of its customs authorities.
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