November 28
2021
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Trajan Shipley
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28th October 2021
External Relations & Trade Institutional law

AG Richard de la Tour: unanimity requirement for extension of entitlement under EU-Korea FTA is unlawful

Advocate General Richard de la Tour has delivered his Opinion in Commission v Council (Accord avec la République de Corée) (C-275/20), an action for annulment of a Council Decision providing for a unanimity requirement to decide on the extension of entitlement period for audiovisual co-productions under Article 5 of the Protocol on Cultural Cooperation to the EU-Korea Free Trade Agreement.

The Commission brought the action claiming that recourse to a secondary legal basis requiring unanimity within the Council is unlawful in the light of the Court’s case-law, specifically when the establishment of that entitlement was decided by a qualified majority and the EU has accepted under international law that it be renewed automatically i

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