STRASBOURG — Germany, the chief backer of the European Union’s Mercosur trade deal, called on Brussels to go ahead and implement it even after lawmakers voted on Wednesday to send the accord for judicial review, setting up a major clash between the bloc’s institutions and its two largest economies.

The European Parliament voted by a razor-thin margin on Wednesday to pass a motion to seek a legal opinion from the Court of Justice of the EU on whether the Mercosur deal complies with the EU treaties. It was a blow for Commission chief Ursula von der Leyen, who made a last-minute appeal hours earlier to MEPs to advance the deal.

The vote widened a rift between France, which has fought an epic rearguard action against the Latin American megadeal to protect its farmers, and a Germany desperate to boost industrial exporters reeling from U.S. President Donald Trump’s trade aggression.

“The European Parliament’s decision on the Mercosur Agreement is regrettable,” German Chancellor Friedrich Merz said on X. “It misjudges the geopolitical situation. We are convinced of the agreement’s legality. No more delays. The agreement must now be applied provisionally.”

In Paris, Prime Minister Sébastien Lecornu welcomed what he called “an important vote that has to be respected.” Foreign Minister Jean Noël Barrot chimed in: “France takes responsibility for saying no when it is necessary, and history often proves it right. The fight continues to protect our agriculture and ensure our food sovereignty.”

Lawmakers will not vote on final consent to the deal until the Court of Justice issues its opinion, which could take 18 to 24 months. The court can “adjust the pace of the proceedings where institutional or political necessity makes a timely response especially important,” its press service said in a statement.

Democracy vs realpolitik

In principle, the Commission would be allowed under the EU treaties to temporarily apply the provisions of the Mercosur deal, which would create a free-trade area spanning 700 million people and eliminate duties on more than 90 percent of goods.

It’s a finely balanced, yet momentous, tradeoff between democratic accountability and realpolitik as the EU executive seeks ways to stand strong against Washington amidst the ongoing transatlantic rift over President Donald Trump’s threats to annex Greenland.

Manfred Weber, the pro-Mercosur leader of the European People’s Party, backed the call by his fellow countryman Merz, for provisional application.

“The European Parliament did not take a substantive position on Mercosur today; it voted on a procedural motion instead. This is an attempt to delay a much-needed agreement for ideological reasons,” Weber said in a statement.

“In the current geopolitical situation, Europe cannot afford a stalemate. The agreement must now be provisionally applied so that its benefits for our economy can take effect. The European Parliament will have the final say after review by the Court of Justice of the EU.”

The Commission, in a strongly worded statement, said it “strongly regretted” the decision by EU lawmakers, calling the concerns raised in the motion “unjustified.”

It did not precommit to taking any action, however, saying it would now engage with EU member governments and MEPs before deciding on next steps.

Olof Gill, the Commission’s top trade spokesperson, did confirm to reporters last week that the EU treaties did allow for the possibility of provisional implementation. 

EU countries withdrew a resolution pledging not to sidestep the legislative process when they backed the deal on Jan. 9, sparking uproar in the corridors of the Parliament. 

Power play

Lawmakers argue that the Parliament, as the EU’s only directly elected institution, has the democratic legitimacy to be involved in decisions on trade deals. 

A new non-binding framework agreement governing relations between the Commission and the Parliament, still to be green-lit by lawmakers, states that if the Commission intends to pursue provisional application of the deal, it should first seek the Parliament’s consent.

The move to bypass Parliament would also mark a departure from established practice.

Although it’s possible to provisionally apply the trade deal before the European Parliament’s consent, it hasn’t been the practice for over 10 years. 

“Provisional application doesn’t take effect before the consent of the European Parliament or before the European Parliament has had the chance to express its view — and that is standard practice since the EU-South Korea agreement [in 2011],” said David Kleimann, a senior trade expert. 

Even if the Commission wants to expedite implementation of the deal, it will need to wait until the Mercosur countries ratify the agreement, Sabine Weyand said in an email sent to trade lawmakers less than two weeks ago, seen by POLITICO.

“On the side of the Commission we very much wish the Mercosur agreement to become a reality as quickly as possible, given its importance for the EU’s strategic autonomy and sovereignty,” she said.

Asking for the Parliament’s “swift consent” on the deal as a whole, she reminded lawmakers that Mercosur countries “need to have completed their respective ratification procedures, and then notify the other side thereof” before the Commission can implement the deal in Europe. 

Max Griera reported from Strasbourg and Camille Gijs from Brussels. Giorgio Leali contributed to this report from Paris and Ferdinand Knapp from Brussels.