The Court of Justice of the European Union rejected Poland’s request to suspend the EU-Mercosur agreement

Thomas von Danwitz, Vice-President of the Court of Justice of the European Union, rejected Poland’s request on Tuesday to suspend the EU Council decision on the provisional application of the EU-Mercosur Interim Trade Agreement. The decision allows the agreement to remain in force pending a ruling on the main action.

Poland challenged the Council decision adopted on January 9, 2026, and requested interim measures, citing breaches of the treaties, abuse of power and failure to respect the principle of sincere cooperation. Warsaw argued that liberalising trade in agricultural products from Mercosur countries could affect human and animal health, the environment and the incomes of European farmers.

However, the CJEU Vice-President found that Poland had not demonstrated the existence of serious and irreparable harm. The court noted that the products concerned were already eligible for import and must comply with food safety and sanitary standards equivalent to those applied in the European Union. Poland also failed to provide sufficient evidence of an imminent disruption to the agricultural market. The interim agreement, provisionally applied since May 1, 2026, will remain in force until judgment is delivered on the merits.