Marcus Gustafsson

Far East Unit (Taiwan/China), DG TRADE, European Commission 🇪🇺🇸🇪Trade lawyer. Views my own.

[Colin Brown 🇪🇺 @BrownColinM]

This is an important case. In policy terms this is a follow up to the anti-suit injunction case (DS611) although legally different. It is an expression of the EU's concerns as regards China's treatment of EU intellectual property holders. We hope that these measures cease.

[Finbarr Bermingham @fbermingham]

NEW: At event in Brussels, EU trade director general Sabine Weyand tells me no imminent deal on EVs with China

"I think there have been some quite confusing reports about the imminent deal on BEVs, we have had 50 hours of discussions with our Chinese counterparts...

[EU Trade 🇪🇺 @Trade_EU]

Green transition and international trade rules must go hand in hand.🌱🤝🌏

The EU is engaging with Taiwan at the WTO to ensure EU goods and services are not discriminated against in Taiwan’s offshore wind energy projects.

https://t.co/eg3muyHMKG

[Marcus Gustafsson @MPLGustafsson]

@gregor_seb Thanks for clarifying makes sense. Also my apologies for addressing you by your last name.

[Marcus Gustafsson @MPLGustafsson]

@gregor_seb Good analysis. But note that provisional duties often decrease at least a bit between definitive and prov stage. I take it these are def duties in your table?

[Marcus Gustafsson @MPLGustafsson]

@Brad_Setser Most often you first wait for your industry to bring a complaint. And sometimes it’s hard to show injury and causation. Specificity is de facto seldom regarded as a barrier, potentially unjustly as it’s supposed to differentiate ‘bad’ and ‘unfair’ subsidies from legitimate ones.

[Marcus Gustafsson @MPLGustafsson]

@Brad_Setser Well it’s true as per Simon’s article adverse effects is the broader category but it does not appear in the section on countervailing duties, only in the multilateral track under art 5. It’s mostly a quibble!

[Marcus Gustafsson @MPLGustafsson]

@Brad_Setser …applicable subsidies. That is the relevant test under the SCM Agreement.

[Marcus Gustafsson @MPLGustafsson]

@Brad_Setser If you look at any EU CVD investigation into Chinese goods, what the EU does is essentially to derive specificity from the fact that the recipient is part of an encouraged industry which benefits from specific, rather than generally…

[Marcus Gustafsson @MPLGustafsson]

@Brad_Setser De facto discrimination has long been recognised as illegal in WTO law. See e.g. Canada-Autos.

[Marcus Gustafsson @MPLGustafsson]

@Brad_Setser Not in the countervailing duty situation. Then you need to show ‘material injury’. Only when litigating in the WTO and to show injury in other markets do you need to show ‘serious prejudice’ and ‘adverse effects’.

[Marcus Gustafsson @MPLGustafsson]

Good take by @merics_eu @grzestec !

[Grzegorz (Greg) Stec @grzestec]

#EU-#China relations are now a mix of de-risking & re-engagement

Recently @vonderleyen spoke of “constructive rivalry”
Beijing signals need to rebuild “strategic trust”

W/ EU-China summit in 2 weeks:
What to expect & what does🇨🇳want to achieve?
Strategic trust or stalling?
🧵👇

[Grzegorz (Greg) Stec @grzestec]

#EU-#China relations are now a mix of de-risking & re-engagement

Recently @vonderleyen spoke of “constructive rivalry”
Beijing signals need to rebuild “strategic trust”

W/ EU-China summit in 2 weeks:
What to expect & what does🇨🇳want to achieve?
Strategic trust or stalling?
🧵👇

[Olesia Kryvetska 🇺🇦 @OKryvetska]

The John H. Jackson Moot Court Competition’s 2023/24 edition is on! Next week, we are going to hold the coaching sessions for coaches from developing countries and LDCs who are brave enough to engage into this amazing journey. The registration is open (follow the link⬇️)

[Valdis Dombrovskis @VDombrovskis]

EU-#China engagement remains essential: we are key trading partners, with highly integrated economies.

But we stand at a crossroads.

We can choose a win-win path of open, fair trade/ investment + tackling global challenges.

Or, we face a path that slowly moves us apart.

[Marcus Gustafsson @MPLGustafsson]

@remkorteweg Who were the organizers of this one?

[Marcus Gustafsson @MPLGustafsson]

@gregor_seb @remkorteweg You could argue e-bikes are pretty similar. Worked on that one as legal counsel, happy to discuss :)

[Marcus Gustafsson @MPLGustafsson]

Probably seen but reminds of your research on trade exec agreements @Claussen_K