Effect of and Compliance with Judgments of the Court of Justice of the European Union: The Case of Trade Defence Measures

When is litigation successful? Using the example of trade defence measures, this article addresses the effect of and compliance with judgments of the Court of Justice of the European Union. Its premise is that if a favourable judgment does not result in an improvement of the legal or economic position of the applicant, there is no incentive to litigate. This reduces accountability for EU institutions, turning the effect of and compliance with judgments into a fundamental question of judicial protection. With that in mind, this article sets out the differences in the effect of annulments and invalidations. It then turns to how this effect translates into compliance obligations, and how the EU institutions have complied with judgments in trade defence cases.