DS: Indonesia — Recourse to article 22.2 of the DSU in the US Ś Clove cigarettes dispute

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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Complaint by the European Union.

On 13 June 2014, the European Union requested consultations with Indonesia with respect to Indonesia's recourse to Article 22.2 of the DSU in the context of the proceedings in US — Clove Cigarettes (DS406), and the exclusion of third parties from those proceedings.

The European Union considers this to be inconsistent with Articles 21.5, 22.2, 23.1 and 23.2(a) of the DSU, as well as Articles  10.1, 10.2 and 10.3 of the DSU.

On 26 June 2014, Australia requested to join the consultations. On 30 June 2014, Brazil requested to join the consultations. Subsequently, Indonesia informed the DSB that it had accepted the requests of Australia and Brazil to join the consultations.



On 6 May 2015, the European Union and Indonesia informed the DSB that, in light of the mutually agreed solution reached by Indonesia and the United States in the US — Clove Cigarettes dispute (DS406), the European Union has withdrawn its request for consultations in this dispute.



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