Judgment_paragraph 86 · Chiquita Brands International, Inc., Chiquita Banana Co. BV and Chiquita Italia, SpA v Commission of the European Communities (T-19/01)

86As regards, first, the raison d'être of the Nakajima case-law, the applicant submits that the underlying idea is to allow judicial review of WTO rules where the Community legislature has decided to implement obligations arising from those rules, so that the fact that they lack direct effect becomes irrelevant. The Community courts do not review the compatibility of Community measures with WTO rules but evaluate them in relation to the basic decision to execute an obligation under WTO rules. The applicant emphasises that ‘in such cases the option of invoking GATT provisions is not based on the direct effect of those provisions but on the fact that there is a Community act which has implemented them or at least expressed the intention of implementing them’ (Opinion of Advocate General Tesauro in Case C-53/96 Hermès [1998] ECR I-3603, I-3606, footnote 45).