EC refund procedures Clause Samples
EC refund procedures. The EC had contended in its initial submission that Japan had sought in its first submission to raise a new claim relating to EC refund procedures which was not within the terms of reference of the Panel. Japan had responded that it was not asking the Panel to condemn the EC' s refund methodology. It had raised the EC' s refund methodology not as a primary claim but as a response to an anticipated defense by the EC.
EC refund procedures. The Panel recalled that the EC had argued that Japan' s allegations regarding the EC' s refund procedure were not within the Panel' s terms of reference. The EC had also argued that these allegations by Japan were not raised in the document requesting conciliation (ADP/79). For the reasons set forth by the Panel in the context of its discussion of the Panel' s terms of reference (see paragraphs 317-318, supra), the Panel considered that it need take no further action on the preliminary objection of the EC on this issue.