Overview

Philippe De Baere focuses on EU and WTO trade law as well as EU customs law and export controls.

EU and International Trade 

Philippe specialises in trade defence instruments and 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  and Far Eastern Textile, Ltd. v Council, a case which addressed the use of zeroing methodologies in anti-dumping investigations. 

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. Most notably, in the EC – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China dispute, the WTO ruled that the EU’s Basic Anti-Dumping Regulation, as such, was incompatible with the EU’s WTO obligations. Philippe has regularly assisted governments during their WTO accession negotiations as well as during the Uruguay Round and Doha Round negotiations.

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

He regularly lectures and writes on EU and international trade law matters. 

Languages

Dutch, English, French, Spanish

Recommendations

  • Who's Who Legal – Lawyer of the Year Award for Trade & Customs 2017
  • Chambers Europe for International Trade/WTO – Band 1
  • Legal 500 for Trade Law
  • Best Lawyers – Lawyer of the Year for Trade Law 2016
  • Euromoney’s “The Best of the Best 2010”
  • Who's Who Legal: The International Who's Who of Business Lawyers for Trade and Customs Law (2012) – listed among the top ten practitioners worldwide

Education

  • University of Leuven, Research Fellow, International Trade Law
  • University of Leuven, Belgium, Master of Political Science, 1986
  • University of Antwerp & University of Leuven, Master of Laws, 1984

Publications

Co-authored the “Business Guide to Trade Remedies in the European Community” (ITC, Geneva 2004).

Co-authored “Export Promotion and the WTO: A Brief Guide” (ITC, Geneva 2009).

Contributed to “Trade and Competition Law in the EU and Beyond” (Edward Elgar, 2011).

Teaching Posts

Philippe De Baere regularly lectures on EU Trade Law at the University Carlos III in Madrid and has given classes on EU and WTO Trade and Customs Law at Keio University in Tokyo and the University of Leuven.

Bar Admission

Brussels

Notable assignments

  • Assisting the Government of China in its successful WTO challenge of the EU anti-dumping measures on iron or steel fasteners originating in China.

  • Obtaining the annulment of the anti-dumping measures imposed on imports of bicycles exported by Giant China, Co. Ltd, the largest bicycle producer in the world, in proceedings before the EU General Court. The case is currently under appeal before the Court of Justice.

Publications and insights

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    • 06/02/2019
    • News

    Philippe De Baere speaks on the current crisis of the WTO dispute settlement system

    On 4 February, Philippe De Baere participated in a panel discussion entitled “How to ensure that dispute settlement contributes to the security and predictability of the multilateral trading system?”. The panel took place in the framework of the Conference “What kind of Dispute Settlement for the WTO?” organized by the World Trade Institute. The objective of the conference was to exchange views on how to overcome the current stalemate resulting from the refusal by the United States to appoint new Appellate Body members. You will find the program here.

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    • 30/01/2019
    • Articles

    Opinion 1/17 on CETA: Advocate General Bot finds that the investment court system in CETA is compatible with EU law

    On 29 January 2019, Advocate General Bot delivered his long-awaited Opinion (the Opinion) on whether the investment court system (ICS) in Chapter Eight, Section F, of the European Union-Canada Comprehensive Economic and Trade Agreement (CETA) is compatible with European Union (EU) law, in particular with the autonomy of the EU legal order and fundamental rights. The next step in the proceedings before the Court of Justice of the European Union (CJEU), initiated by Belgium following complications in its ratification process, is for the CJEU to deliver its Opinion on the same question. This client alert discusses the key elements of the Opinion and the implications of these CJEU proceedings on the European Union’s common commercial policy and its policy of advocating reform of existing investor-State dispute settlement (ISDS) and the establishment of a multilateral investment court (MIC).

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    • 23/11/2018
    • Articles

    Brexit: trade implications of the draft withdrawal agreement and the draft declaration on the future

    The draft declaration on the future relationship between the United Kingdom and the European Union, which was published on 22 November 2018, offers for the first time some insight into the legal framework that is likely to govern trade between the United Kingdom and the European Union after the transition period comes to an end. Van Bael & Bellis has prepared a brief note providing an overview of the trade implications and the timeline of the successive legal frameworks that are envisaged by the draft withdrawal agreement and the draft declaration on the future relationship.

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