93First, it is incorrect as a matter of law to limit the application of the Nakajima case-law to those circumstances where the Community act in question refers explicitly to a specific GATT or WTO provision. The applicant considers that such an interpretation confuses the circumstances in Nakajima with those in Case 70/87 Fediol v Commission [1989] ECR 1781, which actually concerned an explicit reference to provisions of the GATT or the WTO Agreements. The condition for applying Nakajima is ‘the intention to implement a particular obligation’ under the GATT or WTO Agreements. The applicant observes that, in the Nakajima judgment, the Community act in question did not refer to a specific GATT provision.
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