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In Commission v Hungary (Higher education), the ECJ applied World Trade Organization (WTO) law to conclude that Hungarian law was inconsistent with EU law, as the EU could be held liable under WTO law for potential violations of the General Agreement on Trade in Services (GATS). In establishing its own jurisdiction, the ECJ referred to WTO law, state liability, and the principle of pacta sunt servanda. The question is whether the legal reasoning by the ECJ should extend further. The ECJ has generally held a strict line against direct applicability of WTO law to review EU secondary law with only few exceptions. This article argues that with the legal reasoning by the ECJ in Commission v Hungary (Higher education), it is time to reconsider the general rejection of direct applicability of WTO law to review EU secondary law.
