European Communities—Trade Description of Sardines
World Trade Organization, Appellate Body
WT/DS231/AB/R (October 23, 2002)

- Written by Josh Lee, JD
Facts
In 1978, the Codex Alimentarius Commission of the United Nations Food and Agriculture Organization and the World Health Organization adopted a standard for the naming of sardines and sardine-type products. Under Codex Stan 94, fish that were in the Sardina pilchardus species could be labelled as sardines, and a number of other similar species could be labelled as sardines with a qualification, like Peruvian sardines. In 1989, the European Communities (defendant) adopted a regulation that prohibited any product from having the word sardine in its name, unless it was in the Sardina pilchardus species. Peru (plaintiff) challenged this regulation and alleged that it conflicted with an international technical regulation.
Rule of Law
Issue
Holding and Reasoning ()
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