Avis rendu en vertu de l'article 218, paragraphe 11, TFUE (Free Trade Agreement between the European Union and the Republic of Singapore : Opinions of the Court) [2017] EUECJ Avis-2/15_O (16 May 2017)

Avis rendu en vertu de l'article 218, paragraphe 11, TFUE (Free Trade Agreement between the European Union and the Republic of Singapore : Opinions of the Court) [2017] EUECJ Avis-2/15_O (16 May 2017)

The Court held that the EU has exclusive competence to conclude the Free Trade Agreement with Singapore in all areas covered by the common commercial policy (trade in goods and services, foreign direct investment, commercial aspects of intellectual property, public procurement, competition, and sustainable development), except for non-direct foreign investment and investor-state dispute settlement, which require Member State participation. Provisions relating to transport services, non-direct investment, and certain institutional provisions fall within shared competence or exclusive Member State competence, making the agreement 'mixed' and requiring joint conclusion by the EU and its...

Parties
Applicant: European Commission; Intervener: Belgian Government; Intervener: Bulgarian Government; Intervener: Czech Government; Intervener: Danish Government; Intervener: German Government; Intervener: Ireland; Intervener: Greek Government; Intervener: Spanish Government; Intervener: French Government; Intervener: Italian Government; Intervener: Cypriot Government; Intervener: Latvian Government; Intervener: Lithuanian Government; Intervener: Luxembourg Government; Intervener: Hungarian Government; Intervener: Maltese Government; Intervener: Netherlands Government; Intervener: Austrian Government; Intervener: Polish Government; Intervener: Portuguese Government; Intervener: Romanian Government; Intervener: Slovenian Government; Intervener: Slovak Government; Intervener: Finnish Government; Intervener: United Kingdom Government; Intervener: European Parliament; Intervener: Council of the European Union
Jurisdiction
European Union
Judgment Date
16 May 2017
Procedural Posture
Opinion Under Article 218(11) TFEU / Final Opinion
Outcome
Opinion delivered: The EU does not have exclusive competence to conclude the Free Trade Agreement with Singapore alone; Member States' participation is required for certain provisions.
Legal Topics
EU External Competence, Free Trade Agreements, Common Commercial Policy, Investment Protection, Intellectual Property, Public Procurement, Transport Services, Sustainable Development
European Union Law International Trade Law Constitutional Law EU External Competence Free Trade Agreements Common Commercial Policy Investment Protection Intellectual Property +3 more

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Parties

European Commission

Applicant

Belgian Government

Intervener

Bulgarian Government

Intervener

Czech Government

Intervener

Danish Government

Intervener

German Government

Intervener

Ireland

Intervener

Greek Government

Intervener

Spanish Government

Intervener

French Government

Intervener

Italian Government

Intervener

Cypriot Government

Intervener

Latvian Government

Intervener

Lithuanian Government

Intervener

Luxembourg Government

Intervener

Hungarian Government

Intervener

Maltese Government

Intervener

Netherlands Government

Intervener

Austrian Government

Intervener

Polish Government

Intervener

Portuguese Government

Intervener

Romanian Government

Intervener

Slovenian Government

Intervener

Slovak Government

Intervener

Finnish Government

Intervener

United Kingdom Government

Intervener

European Parliament

Intervener

Council of the European Union

Intervener

Procedural Posture

Opinion Under Article 218(11) TFEU / Final Opinion

Legal Issues

  1. 1 Whether the European Union has exclusive competence to sign and conclude alone the Free Trade Agreement with Singapore or whether Member States' participation is required; identification of which provisions fall within exclusive, shared, or Member State competence.

Ratio Decidendi

The Court held that the EU has exclusive competence to conclude the Free Trade Agreement with Singapore in all areas covered by the common commercial policy (trade in goods and services, foreign direct investment, commercial aspects of intellectual property, public procurement, competition, and sustainable development), except for non-direct foreign investment and investor-state dispute settlement, which require Member State participation. Provisions relating to transport services, non-direct investment, and certain institutional provisions fall within shared competence or exclusive Member State competence, making the agreement 'mixed' and requiring joint conclusion by the EU and its...

Court Disposition

Opinion delivered: The EU does not have exclusive competence to conclude the Free Trade Agreement with Singapore alone; Member States' participation is required for certain provisions.

Orders

  • The Free Trade Agreement with Singapore cannot be concluded by the EU alone; it must be concluded as a mixed agreement with Member States.