EU court dismisses Poland's request to suspend provisional Mercosur trade deal

Court ruling on provisional application

On 29 September 2026, the Court of Justice of the European Union dismissed Poland's request to suspend the Council decision authorizing provisional application of the interim trade agreement between the European Union and Mercosur. Thomas von Danwitz, Vice-President of the Court, determined that Warsaw failed to produce sufficient evidence demonstrating that the interim trade arrangements would inflict serious and irreparable harm on European producers before a final judgment on the merits.

Poland has not sufficiently demonstrated that the implementation of the Council decision authorizing the provisional application of this agreement is likely to cause serious and irreparable damage.

The Court noted that agricultural imports from Mercosur members (Argentina, Brazil, Paraguay, and Uruguay) remain subject to European Union food safety and sanitary standards equivalent to domestic requirements. The ruling also specified that the European Commission retains emergency intervention mechanisms if market disruptions occur. The decision addresses only Poland's application for interim relief, leaving Poland's broader substantive lawsuit against the Council decision pending before the Court for a future verdict.

Terms of the trade pact and legal challenge

The European Union and Mercosur signed the trade pact on 17 January 2026, following a Council decision on 9 January 2026 authorizing its provisional implementation. The interim agreement, which entered into provisional application on 1 May 2026, removes customs tariffs on approximately 90% of goods imported from South America. The pact facilitates European exports of automobiles, machinery, wines, and spirits, while easing European market access for South American beef, poultry, sugar, rice, honey, and soybeans.

Member states divided over the agreement, with Germany and Spain backing the deal, while France, Poland, Hungary, Ireland, and Austria opposed its terms. In January 2026, the European Parliament referred the full treaty to the Court of Justice of the European Union to assess its legal compatibility, a procedure that could delay full ratification by up to two years. Polish Prime Minister Donald Tusk initially declined to mount a legal challenge but shifted course in April 2026, lodging Poland's formal action and suspension request at the Court on 10 May 2026.

Domestic political dispute in Poland

The dismissal triggered sharp domestic exchanges across the political spectrum in Warsaw. Opposition lawmakers from Law and Justice (PiS) described the legal action as a delayed maneuver that failed to halt the pact before its May implementation. PiS chairman Jarosław Kaczyński blamed the ruling on executive inaction.

Another defeat for the Tusk government in Europe. The complaint was intended as a cover, because we know that Tusk and Krajewski acted under German dictation regarding this agreement.

Law and Justice parliamentary leader Mariusz Błaszczak and party vice-president Przemysław Czarnek stated that the legal motion was submitted too late after provisional application had already taken effect. Government spokesperson Adam Szłapka responded during a press conference following a cabinet meeting, asserting that initial European Council endorsements of the Mercosur negotiations occurred under previous PiS prime ministers.

At the time when Beata Szydło and later Mateusz Morawiecki were prime ministers, unanimously adopted conclusions of European Council meetings called for accelerating and treating very broadly the agreement with Mercosur countries.

Szłapka stated that safeguards secured by the current government protected domestic farmers, noting that Polish agricultural exports to Mercosur countries rose from 4.6 million euros in the previous year to 5.9 million euros while imports decreased.