Members of the Arbitration Panel
Makane Moïse Mbengue (Chairperson)
Hélène Ruiz Fabri
374. In light of what precedes, the Arbitration Panel concludes that:
a. SACU’s preliminary objections are dismissed, and all of the EU’s claims are properly before the Arbitration Panel.
b. With respect to the claims on the merits:
i. Claim 1 is not upheld.
ii. Claim 2, first argument, is not upheld.
iii. Claim 2, second argument, is upheld.
iv. Claim 3 is not decided, for reasons of judicial economy.
v. Claim 4, first argument, is not upheld.
vi. Claim 4, second argument, is upheld.
vii. Claim 5 is not upheld.
c. The EU’s request for a refund is denied.