Philippe De Baere

Overview

Philippe De Baere joined Van Bael & Bellis in 1988 and served as managing partner from 2016-2024.

Prior to joining Van Bael & Bellis he worked as a research fellow on international trade law at the University of Leuven (KUL). He focuses on EU and WTO trade law as well as EU customs law and export controls.

EU and International Trade 

Philippe has been involved in most major EU anti-dumping, anti-circumvention and anti-subsidy proceedings since 1990. He represents clients before the European Commission, the EU General Court, the EU Court of Justice, WTO Panels and the WTO Appellate Body. Notable cases include MTZ Polyfilms v Council, Far Eastern Textile, Ltd. v Council and Giant (China) Co. Ltd v Council. 

In the area of free trade agreements, he advises sovereign clients during their negotiations with the EU and on the implications of Brexit on existing agreements.

WTO

Philippe assists WTO Members in various WTO dispute settlement proceedings. Notable cases include: EC – Importation, Distribution and Sale of Bananas; EC – Pipe Fittings; India – Anti-Dumping Measures on Certain Products from Chinese Taipei; US – Continued Existence and Application of Zeroing Methodology; Dominican Republic-Safeguard Measures on Imports of Polypropylene Bags and Tubular Fabric; China - Definitive Anti-Dumping Duties on X-Ray Security Inspection Equipment from the EU; Russian Federation — Recycling Fee on Motor Vehicles  and Ukraine – Definitive Safeguard measures on certain passenger cars; Canada – Welded Pipe (DS482) and India — Certain Measures on Imports of Iron and Steel Products (DS518).  Philippe also represented Ukraine in Russia – Measures concerning Traffic in Transit (DS512), the first time a panel ruled on the conditions governing a national security defence under Article XXI of the GATT 1994, and China in EC – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, where the Appellate Body ruled that the EU’s Basic Anti-Dumping Regulation, as such, was incompatible with the EU’s WTO obligations. He is currently advising Indonesia in European Union — Certain measures concerning palm oil and oil palm crop-based biofuels and Turkey in Turkey — Certain Measures concerning the Production, Importation and Marketing of Pharmaceutical Products.

Customs and Export Controls

Philippe represents several large manufacturers of high technology products in disputes concerning customs classification, valuation and origin. Notable cases include Canon Europa v Commission, Kyocera Mita Europe v Commission and Sony Computer Entertainment Europe v Commission, a case in which the EU General Court took the unprecedented step of annulling a customs classification regulation in a direct action by the company concerned. In WTO disputes related to customs issues, Philippe successfully assisted Japan and Chinese Taipei in the EC – Tariff Treatment of Certain Information Technology Products dispute. He also advised the US in EC – Selected Customs Issues.