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WT/DS408 - European Union and a Member State - Seizure of Generic Drugs in Transit

WTO dispute settlement case - Complaint against the EU

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Dispute settlement
WTO - Complaint against the EU

Summary of the case

  • Complaint by: India
  • Complaint against: EU
  • Third parties: Brazil, Canada, China, Ecuador, Japan, Turkey

On 12 May 2010 India requested consultations with the EU and the Netherlands in respect of certain EU and Dutch legislation, as well as their alleged application in certain cases of detention of generic medicines originating in India while in transit through the EU.

Relevant WTO provision: TRIPS: 2, 7, 8, 28, 31, 41, 42. GATT 1994: Art. V:2, V:3, V:4, V:5, V:7, X


The EU accepted India's consultation request on 21 May 2010 and informed India that as the alleged violations all relate to matters for which the EU bears responsibility in the WTO, the EU alone is the proper respondent in this dispute. On 28 May 2010 Canada, Ecuador and Brazil and on 31 May 2010 Japan, China and Turkey made requests to join consultations in DS408 as third parties. A first round of consultations was held jointly with Brazil on 7-8 July 2010 in Geneva. This was followed by a second round of consultations on 13-14 September 2010.

  • Consultations requested: 11 May 2010


Full case details and WTO documents on the WTO website

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