A Belgian lawyer has failed in his battle for the rights of a banana importer in his fight for recognition of the World Trade Organisation (WTO) rulings in Europe.
Philippe Vlaemminck, managing partner Ghent-based Vlaemminck & Partners, has been acting on behalf of his client, Léon Van Parys, a Belgian banana importer who, in 1998 and 1999, applied to the Belgian Intervention and Refund Board (BIRB) for import licences for quantities of the fruit.
The BIRB refused to issue licences for the full quantity of bananas, and Van Parys accordingly launched proceedings against the board.
The company said that WTO agreements meant it should have been given the licences, but the Belgian authorities thought this would have breached quotas imposed by Europe.
The Belgian government referred the case to the European Court of Justice (ECJ), which, in its ruling on March 1, decided that European law takes precedence over WTO rules.
The judgment means that organizations are unable to claim damages when European and WTO regulations are at odds.
Earlier this year, another banana company, Chiquita, lost a similar case in the Court of First Instance in Luxembourg. The ECJ ruling serves to add weight to that decision.
Vlaemminck commented: "It means that, if this reasoning stands, any implementation of WTO law is now outruled forever."
