DISPUTE SETTLEMENT: DISPUTE DS352

India — Measures Affecting the Importation and Sale of Wines and Spirits from the European Communities


This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.

  

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Short title:
Complainant:
Respondent:
Third Parties:
Agreements cited:
(as cited in request for consultations)
Request for Consultations received:

  

Summary of the dispute to date  back to top

The summary below was up-to-date at

Consultations

Complaint by the European Communities.

On 20 November 2006, the European Communities requested consultations with India regarding duties applied by India and restrictions on retail sale applied by the Indian State of Tamil Nadu which, in the European Communities' view, adversely affect exports of wines and spirits from the European Communities to India. The European Communities considers that the measures are inconsistent with Articles II:1(a) and (b), read in conjunction with Article III:2 of the GATT 1994, and with Articles III:4 and XI of the GATT 1994.

On 1 December 2006, the United States requested to join the consultations. On 4 December 2006, Australia requested to join the consultations. On 23 March 2007, the European Communities requested the establishment of a panel. At its meeting on 10 April 2007, the DSB deferred the establishment of a panel.

 

Panel and Appellate Body proceedings

At its meeting on 24 April 2007, the DSB established a panel. Australia, Chile, Japan and the United States reserved their third-party rights. On 11 June 2007, the European Communities requested the Director-General to determine the composition of the Panel. On 21 June 2007, the Director-General composed the Panel.

On 13 July 2007, the European Communities requested the Panel to suspend its work pursuant to Article 12.12 of the DSU. The European Communities reserved its right to request the Panel to resume its work at any time. The Panel agreed to this request and suspended its work from 16 July 2007.

 

Withdrawal/termination

Since the Panel had not been requested to resume its work, pursuant to Article 12.12 of the DSU, the authority for establishment of the Panel lapsed as of 17 July 2008.

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