The Court of Justice of the European Union has rejected Poland’s request to suspend the provisional application of the EU-Mercosur trade agreement, dealing a setback to Warsaw’s attempt to halt the deal while its broader legal challenge continues.
The ruling was issued on Tuesday, 29 September, in separate interim proceedings linked to Poland’s main case against the Council of the European Union.
Poland asked the court to suspend the effects of the Council decision that authorised the signing and provisional application of the interim trade agreement between the European Union and Mercosur, the South American bloc comprising Argentina, Brazil, Paraguay and Uruguay.
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The rejection means the agreement can continue to be provisionally applied while the underlying case is considered. It does not mean that the court has dismissed Poland’s substantive legal challenge to the agreement.
The main case, registered as C-460/26, remains pending before the Court of Justice.
In that action, Poland is seeking the annulment of Council Decision (EU) 2026/183 of 9 January, which authorised the signing and provisional application of the EU-Mercosur Interim Trade Agreement.
Warsaw argues, among other things, that the broader EU-Mercosur arrangement was artificially divided into separate legal instruments in a way that allowed the trade component to proceed without the unanimity requirement that Poland says should have applied.
The Polish government has also objected to the agricultural consequences of the agreement. When announcing the planned legal challenge in April, Agriculture Minister Stefan Krajewski said the government opposed both the procedure used to advance the agreement and its provisional application, arguing that Polish farmers could face unfair competition.
Poland has been one of the most vocal EU opponents of the Mercosur deal, with the dispute focused particularly on imports of agricultural products and differences in production standards between the EU and South America.
The Sejm formally called on the government in March to challenge the agreement before the EU court, citing concerns about competition, agriculture, consumer protection and environmental standards.
The trade agreement is already in operation. The European Commission confirmed that provisional application began on 1 May 2026 after the required procedures had been completed.
Under the arrangement, tariffs are being reduced or removed across a wide range of goods and services, while the agreement also introduces new market-access rules and agricultural import quotas.
The Commission argues that the deal creates new opportunities for European exporters while including safeguards for sensitive agricultural sectors. Poland and other critics have questioned whether those protections are sufficient.
The legal dispute concerns the interim trade agreement rather than the final entry into force of the wider EU-Mercosur Partnership Agreement.
The Commission says the interim agreement will eventually be replaced by the broader partnership agreement once that instrument has completed the required ratification process.
Tuesday’s ruling therefore settles only Poland’s attempt to obtain immediate suspension. The central legal question — whether the Council decision underpinning provisional application should ultimately be annulled — remains before the court.
