Philippe De Baere is a partner in Van Bael & Bellis' Brussels office. His practice focuses on EU and WTO trade law as well as EU customs law and export controls.
EU and International Trade Law
Philippe has been involved in most major EU anti-dumping, anti-circumvention and anti-subsidy proceedings since 1990. He represents clients before the European Commission, the General Court (now the Court of First Instance), the European Court of Justice (now Court of Justice of the European Union), WTO Panels and the WTO Appellate Body. Notable cases include MTZ Polyfilms v Council (T-143/06), Far Eastern Textile, Ltd. v Council (T-167/07) – a case which addressed the use of zeroing methodologies in anti-dumping investigations – and Giant (China) Co. Ltd v Council (T-425/13). He also advises Governments and multinational companies on the negotiation and implementation of Free Trade Agreements.
In the area of WTO trade law, Philippe has assisted WTO Members in various WTO dispute settlement proceedings, including: EC – Importation, Distribution and Sale of Bananas (DS27); EC – Pipe Fittings (DS219); India – Anti-Dumping Measures on Certain Products from Chinese Taipei (DS318); US – Continued Existence and Application of Zeroing Methodology (DS350); Dominican Republic-Safeguard Measures on Imports of Polypropylene Bags and Tubular Fabric (DS415,DS416, DS417, DS418); China - Definitive Anti-Dumping Duties on X-Ray Security Inspection Equipment from the EU (DS425); Russian Federation — Recycling Fee on Motor Vehicles (DS463) and Ukraine – Definitive Safeguard measures on certain passenger cars (DS468). Most notably, in the EC – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China (DS397) dispute, he obtained an unprecedented finding that the EU’s Basic Anti-Dumping Regulation, as such, was incompatible with the EU’s WTO obligations. Philippe has regularly assisted governments during their WTO accession negotiations as well as during the Uruguay Round and Doha Round negotiations.
Customs and Export Controls
In the area of customs law, he has represented several large manufacturers of high technology products in disputes concerning customs classification, valuation and origin. Notable cases include: Canon Europa v Commission (T-34/11); Kyocera Mita Europe v Commission (T-35/11) and Sony Computer Entertainment Europe v Commission (T-243/01) – a case where he obtained the unprecedented annulment of a customs classification regulation by means of a direct action before the General Court. In WTO disputes related to customs issues, Philippe successfully assisted Japan and Chinese Taipei in EC – Tariff Treatment of Certain Information Technology Products (DS376/DS377) dispute. He also advised the US in EC – Selected Customs Issues (DS315).
He regularly lectures and writes on EU and international trade law matters.
- Chambers Global and Chambers Europe: The World's Leading Lawyers for Trade Law 2004/2013: “"a stunning lawyer – absolutely top quality." – included in Band 1
- Chambers Europe – ‘Leaders In Their Field’ (International Trade/WTO) - Star Individual
- Legal 500 for Trade Law
- Euromoney’s “The Best of the Best 2010”
- Who's Who Legal: The International Who's Who of Business Lawyers for Trade and Customs Law (2012) – listed among the top ten practitioners worldwide
University of Leuven, Belgium – Research Fellow, International Trade Law
University of Leuven, Belgium – Lic. Political Science, 1986
University of Antwerp & University of Leuven, Belgium – Law Degree, 1984
Philippe De Baere has contributed to several leading publications on EU anti-dumping and other trade protection laws. He co-authored the “Business Guide to Trade Remedies in the European Community” (ITC, Geneva 2004) and “Export Promotion and the WTO: A Brief Guide” (ITC, Geneva 2009). He also contributed to “Trade and Competition Law in the EU and Beyond” (Edward Elgar, 2011).
Philippe De Baere regularly lectures on EC Trade Law at the University Carlos III in Madrid and has given classes on EU and WTO Trade and Customs Law at Keio University in Tokyo and the Catholic University of Leuven (KUL).