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Artikel

30 Sep 2020

Autor*in:
Niem Chheng, The Phnom Penh Post

Cambodia: Garment Manufacturers Association in Cambodia files a lawsuit at European Court against EU's decision on EBA withdrawal

"GMAC sues​ EU in European court for withdrawing EBA scheme", 27 September 2020

The Garment Manufacturers Association in Cambodia (GMAC) has filed a complaint with the European Court of Justice, requesting that the EU’s 20 per cent withdrawal of the Everything But Arms (EBA) scheme be annulled.

GMAC based its complaint on two legal pleas and an alleged Customs code violation…

In its complaint, GMAC asked the court to annul the EC’s decision to temporarily withdraw EBA benefits because, while the export of 40 different goods from Cambodia to the EU is affected by the withdrawal of 20 per cent of the EBA scheme, of the 40 items, white sugar with HS code 121293 is not among the goods produced by GMAC members…

GMAC made two other pleas concerning the EBA withdrawal. First, it alleged that the EU’s decision violates the principle of proportionality and the requirement of consistency between the EU’s policies and activities.

“The Commission allegedly failed to properly assess the proportionality of the partial temporary withdrawal of Customs preferences for the Cambodian garments, footwear and travel goods sectors,” GMAC said.

The second plea alleged that there was a violation of the applicant’s procedural rights due to the EC’s failure to provide adequate reasoning pursuant to Article 296(2) TFEU, corresponding to a violation of the right to good administration.

GMAC secretary-general Ken Loo said … that the claim was made to oppose the decision to withdraw 20 per cent of the EBA scheme.

… The European Court of Justice said case file T-454/20 was sent to the court ... But a date has not been set to hear it…

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