The Court of Justice of the European Union has refused Poland’s request to pause the Council decision that permits provisional application of the EU–Mercosur Interim Trade Agreement. In an order issued on 29 September, the court’s vice-president found that Poland had not sufficiently shown the serious and irreparable harm required for urgent interim relief.
The interim agreement has applied provisionally since 1 May. It covers trade and investment between the EU and the Mercosur countries Argentina, Brazil, Paraguay and Uruguay. Poland brought a separate action in May seeking to annul the Council’s January decision on signing and provisional application. It asked the court to suspend that decision while the main case proceeds.
Poland argued that the Council’s approach violated EU treaty rules and that agricultural liberalisation without equivalent production requirements could threaten health, the environment and farmers’ incomes. The vice-president said that an allegation of unlawfulness could not, by itself, establish imminent and irreparable damage. Poland had not supplied concrete evidence sufficient to show that such damage was likely.
On the health and environmental concerns, the order noted that agricultural products from Mercosur could already enter the EU before the contested decision and remain subject to applicable food safety and health rules. The agreement also leaves the EU able to block products that fail its standards and to take emergency measures when serious risks arise.
The court likewise found no specific financial information showing that farmers would be unable to withstand competition, or evidence establishing a sufficiently probable disruption of EU agricultural markets. The vice-president did not examine the remaining conditions for interim relief because the urgency requirement had not been met.
The order leaves the provisional arrangement in place while the annulment action continues. It does not decide whether the Council decision is lawful; the court will rule on the substance later.
Court of Justice press release on the order (PDF)
