Judgment_paragraph 182 · PT Wilmar Bioenergi Indonesia and Others v European Commission (T-111/20)

182That provision is used in the context of determining whether a subsidy exists and expressly refers to Article XVI of the GATT for its interpretation, hence the EU legislature’s own intention to limit its discretion in the application of the GATT and WTO rules (see, to that effect, judgment of 16 July 2015, Commission v Rusal Armenal, C‑21/14 P, EU:C:2015:494, paragraphs 40 and 41 and the case-law cited). That article refers to ‘any subsidy, including any form of income or price support, which operates directly or indirectly to increase exports of any product from, or to reduce imports of any product into, its territory’. It follows from this that, for the purposes of that provision, ‘income or price support’ is a form of subsidy and that that provision focuses on the effects of that subsidy on exports and imports.

PT Wilmar Bioenergi Indonesia and Others v European Commission (T-111/20)

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