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WT/DS409 - European Union and a Member State - Seizure of Generic Drugs in Transit

WTO dispute settlement case - Complaint against the EU

Country or region
  • Brazil
Trade topics
  • Dispute settlement
  • WTO - Complaint against the EU

Summary of the case

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

On 12 May 2010 Brazil 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: Art. 1.1, 2, 28, 31, 41.1, 41.2, 42, 49, 50.3, 50.7, 50.8, 51, 52, 53.1, 53.2, 54, 55, 58, 59; GATT 1994: Art. V:3, V:1, V:2, V:4, V:5, V:7, X:3; WTO Agreement: Art. XVI:4


The EU accepted Brazil's consultation request on 21 May 2010 and informed Brazil 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 India and on 31 May 2010 Japan, China and Turkey made requests to join consultations in DS409 as third parties.

A first round of consultations was held jointly with India 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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