External Relations & Trade
On November 21, 2024, the Court of Justice of the EU (‘CJEU’) issued its ruling in the case of Harley Davidson (C-297/23 P), focused on retaliatory customs duties enforced by the EU against the U.S. during trade disputes stemming from the early Trump Administration.
The crux of the matter hinged on whether Harley Davidson’s decision to partially move its motorcycle manufacturing to Thailand was ‘economically justified’. This determination influenced whether its motorcycles would be recognized as originating from Thailand, thus exempting them from the duties.
This Op-Ed specifically delves into the Court’s examination of the economic justification test, a crucial legal requirement…