Application for a preliminary injunction
In a case, the application for a preliminary injunction at the German
Constitutional Court in the CETA was ultimately rejected in October 2016,
allowing the German government to back the agreement in the Council, but
subject to conditions.
Bottom-line is that this might help to reduce uncertainties
with respect to (provisional) application. On the EU-Singapore case, the
advocate general Sharpston issued her opinion late December, arguing that the
EU Singapore FTA can only be concluded jointly by the EU and the member
states. While the final ruling by the ECJ is still out (likely to follow Q1 2017) the
advocate general has put forward a differentiated view on the competency
issue, arguing that while a wide-range of matters in the agreement are covered
by the EU’s external competencies, some aspects are not (exclusive).
EU Forecast
euf:ba18.c:57/nws-01