Philippe De Baere
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.
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.
Dutch, English, French, Spanish
- 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
- 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
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).
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.
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.