BÖYLE BUYURDU DİVAN: ULUSLARARASI ANLAŞMALAR VE BU KAPSAMDA 1947 TARİHLİ GATT VE DTÖ ANLAŞMASI VE EKLERİNİN TOPLULUK HUKUKUNDA DOĞURDUĞU ETKİLER

European Community concludes international agreemen ts as a legal person. There is no provision neither in the foundi ng Treaty nor in these international agreements that states the effects of these international agreements in Community Law. For this reason, it is for the Community Courts to determine the effects of international ag reements in Community Law. Community Courts developed an integrated case l w about the the effects of international agreements and specially G ATT 1947 and WTO Agreement and Its Annexes in Community Law. In this article these effects are stated by way of lining up and examining the re lated Community Courts decisions considering their date of adjudication. C ommunity Courts determine that Community measures and national law should be interpreted as far as possible in the light of the provisions o f international agreements which are binding upon the Community. Also it is st ated that when the obligations derived from these agreements are not f ulfilled by member states, an infringement action could be filed again st them. Nonetheless, there is a difference between GATT 1947 and WTO Agreement and Its Annexes and other international agreements in connection wi th direct effect, review of legality and being used in action for damages. The latt r agreements produce these effects if they have certain characteristics; however, as a rule GATT 1947 and WTO Agreement and Its Annexes cannot produ ce these effects because of their “structure and nature”. By this re ason the question of whether the case law of Community Courts is coheren t or ot comes into the scene.