46More particularly, the Court has had occasion to state that the possibility for an economic operator to argue before the courts of the European Union that EU legislation is incompatible with a decision of the DSB such as, in the present case, the DSB’s decision of 28 July 2011, cannot be accepted. The recommendations or decisions of the DSB finding that the WTO rules have not been complied with cannot, in principle and whatever their legal scope, be fundamentally distinguished from the substantive rules reflecting the obligations agreed to by a member within the framework of the WTO. Therefore, a recommendation or decision of the DSB finding that those rules have not been complied with cannot in principle, any more than the substantive rules contained in the WTO agreements, be relied on before the EU judicature in order to determine whether an EU regulation is incompatible with that recommendation or decision (judgment of 10 November 2011, X and X BV, C‑319/10 and C‑320/10, not published, EU:C:2011:720, paragraph 37 and the case-law cited).
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