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> EC — Hormones, para. 152
> EC — Hormones, para. 153
> EC — Hormones, para. 154
 

M.4.1 EC — Hormones, para. 152     back to top
(WT/DS26/AB/R, WT/DS48/AB/R)

… We consider [the Panel’s] decision to hold a joint meeting with the scientific experts consistent with the letter and spirit of Article 9.3 of the DSU. Clearly, it would be an uneconomical use of time and resources to force the Panel to hold two successive but separate meetings gathering the same group of experts twice, expressing their views twice regarding the same scientific and technical matters related to the same contested EC measures. We do not believe that the Panel has erred by addressing the EC procedural objections only where the European Communities could make a precise claim of prejudice. It is evident to us that a procedural objection raised by a party to a dispute should be sufficiently specific to enable the panel to address it.

 
M.4.2 EC — Hormones, para. 153     back to top
(WT/DS26/AB/R, WT/DS48/AB/R)

… Having access to a common pool of information enables the panel and the parties to save time by avoiding duplication of the compilation and analysis of information already presented in the other proceeding … the Panel tried to avoid unnecessary delays, making an effort to comply with the letter and spirit of Article 9.3 of the DSU. …

 
M.4.3 EC — Hormones, para. 154     back to top
(WT/DS26/AB/R, WT/DS48/AB/R)

… Although Article 12.1 and Appendix 3 of the DSU do not specifically require the Panel to grant [the opportunity to participate in the second substantial meeting of the proceedings initiated by Canada] to the United States, we believe that this decision falls within the sound discretion and authority of the Panel, particularly if the Panel considers it necessary for ensuring to all parties due process of law. …

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