EU Trade

Our team is one of the leading trade remedy practices in Brussels. We regularly act on behalf of exporters to the European Union, EU user industries, and importers affected by antidumping, subsidy, and safeguard proceedings. In this context, our lawyers offer strategic planning and lobbying in addition to legal representation throughout the course of the administrative proceedings. In many cases, we coordinate closely with the exporting country government authorities and/or EU Member States (in support of EU users' and importers' interests) with regard to representations and policy initiatives to be taken at the EU level in connection with the proceeding. In several highly visible cases, our strategic efforts have been successful in overcoming Commission proposals for definitive measures.

Our team has also vast experience representing clients in appeals proceedings before the General Court and the Court of Justice of the EU, and is responsible for several landmark cases, including XinYi PV (Case T586/14), annulling the rejection by the European Commission of the market economy treatment claimed by our Chinese client. 

When our clients in the EU are affected by trade barriers in their export markets, we work closely with the European Commission to pursue representations to the third country government under the EU’s Trade Barriers Regulation (TBR) and, as necessary, to secure international remedies to these barriers.  We have represented clients in a number of TBR proceedings which have led to effective regulatory amendments in the target foreign jurisdiction. In other cases, we have been called upon to act on behalf of business interests in the targeted foreign jurisdiction to help respond to EU TBR investigations. 

We advise on the compatibility of EU and Member States’ regulations with the relevant international rules, especially those reflected in the WTO Agreements. Our WTO advice has covered most aspects of the negotiation and application of WTO rules, including the rules of the Anti-Dumping Agreement and Agreements on Trade-Related Aspects of Intellectual Property Rights, Technical Barriers to Trade and Sanitary and Phytosanitary Measures. At issue have been EU trade decisions and regulatory initiatives relating, for example, to the electronics, motor vehicles, and biotechnology product sectors. Steptoe has long been active in international dispute settlement of trade matters. Our lawyers have advised clients regarding some of the most significant international trade disputes handled by the WTO Dispute Settlement Body.

Other aspects of trade experience involve strategic advice to corporate clients and governments on aspects of international trade law and negotiation of bilateral trade arrangements (FTAs and other preferential trade) and multilateral agreements affecting trade relations. For example, we have advised a government in its negotiations for an FTA with the EU, concerning both the substantive issues covered by the FTA and the strategy.

We also advise corporate and third-country interests on EU cross-sectoral regulatory initiatives, such as concerning intellectual property rights, to ensure that the eventual EU legislation complies with TRIPS obligations, for example. See below for more on Steptoe’s WTO dispute settlement experience. With its long experience in Brussels, we also advise on draft EU regulations that may impact EU market access, whether the regulatory initiative is still in the draft stage (pre-Commission approval) or in the form of formal Commission proposals still needing to undergo Parliament and Council review and decision-taking. We are also often confronted with national legislative proposals of Member States, such as those notified under the EU’s stand-still rules or raised as urgent health or safety matters, that may contravene EU/international trade law and coordinate with the industry interests and relevant Commission services to ensure appropriate legal review and compliance. These issues have concerned, for example, biotech products, textiles/apparel and general consumer and electronic goods, chemicals, foods, and motor vehicles.