Omega 事件において、原告（Omega）は、EC裁判所の Portugal v Council 判決 を批判しているが（詳しくは こちら）、Alber 法務官は以下のように述べ、原告を再批判している。2005年3月12日付けの判決において、EC 裁判所も法務官と同様に考え、従来の判例法を確認している（詳しくは こちら）。

93.

The Community's position in those negotiations would be seriously affected if Community law recognised a unilateral direct effect of obligations under WTO law.

94.

Direct reliance on rules of WTO law as against measures taken by WTO members appears inappropriate from the point of view of WTO law as well, however. Regardless of their wording, all provisions of WTO law are subject to a general reservation which accords the States concerned various possibilities of reacting to a breach.

95.

It is therefore not for the Court but for the WTO, or the members of the WTO, to ensure that WTO law is observed in the legal systems concerned. Direct effect of WTO rules is clearly not part of their legislative content. Such content may not be ascribed, at Community level, to WTO law in its original form but at most in the form of transposition measures. In that context WTO law may be (indirectly) significant. (40) Direct effect of WTO law in the legal systems of the WTO members cannot, on the other hand, sensibly be brought about unilaterally by individual legal systems, but only at WTO level.

96.

The conclusion in the judgment in Case C-149/96, namely that having regard to their nature and structure, the WTO agreements are not in principle among the rules in the light of which the Court is to review the legality of measures adopted by the Community institutions, (41) must therefore be maintained. The exceptions mentioned there do not apply here. The fact that the provisions of the Agreement on Technical Barriers to Trade (42) referred to above are perhaps sufficiently precise and unconditional in their wording to be amenable to direct application cannot lead to a different conclusion. They are subject to the general condition of WTO law that the members of the WTO are to comply with their obligations not by direct effect of WTO law in their legal systems but exclusively by specific transposition of those obligations.