The European Parliament decided on 21 January 2026 to request the European Court of Justice to assess whether the EU-Mercosur agreement is in conformity with the EU treaties. With 334 votes in favour, 324 against and 11 abstentions, the European Parliament adopted a resolution asking for a legal opinion from the European Court of Justice (ECJ) on the agreement. A second resolution also demanding a legal assessment was rejected with 225 votes for, 402 against and 13 abstentions.

The legal basis of the EU-Mercosur partnership agreement (EMPA) and the interim trade agreement (iTA) will now be reviewed by the ECJ. The European Parliament will continue its examination of the texts, while awaiting the opinion of the EU Court. Only then, Parliament will be able to vote to grant consent (or not) to the Agreement.

The European Union and four Mercosur countries – Argentina, Brazil, Paraguay and Uruguay – reached a political agreement on 6 December 2024 for a ground-breaking partnership agreement. On 3 September 2025, the European Commission adopted proposals for Council decisions on the signature and conclusion of two parallel legal instruments: the EU-Mercosur Partnership Agreement (EMPA) and the interim Trade Agreement (iTA). The iTA will be repealed and replaced by the EMPA once the latter is fully ratified and enters into force. On 9 January 2026, the Council adopted the two decisions authorising the signature of the EMPA and the iTA. On 17 January 2026, the European Union and Mercosur signed the Partnership Agreement (EMPA) and the Interim Trade Agreement (iTA).