Judgment in Case C-104/16 P. Council v Front populaire pour la libération de la saguia-el-hamra et du rio de oro (Front Polisario)

Author (Corporate)
Series Title
Series Details No.146, 2016 (21.12.16)
Publication Date 21/12/2016
Content Type

The Association and Liberalisation Agreements concluded between the EU and Morocco are not applicable to Western Sahara.

The Court therefore sets aside the judgment of the General Court which had found the opposite to be the case and dismisses the action for annulment brought by the Front Polisario against the Council's decision to conclude the Liberalisation Agreement.

In 2012, Morocco and the EU concluded an agreement on those liberalisation measures, the territorial scope of which depends on that of the EU-Morocco Association Agreement. The Polisario Front brought an action before the General Court of the European Union seeking the annulment of that decision. By its judgment, delivered on 10 December 2015, the General Court annulled the decision at issue, in so far as it approves the application of the Liberalisation Agreement to Western Sahara. The Council of the European Union then brought an appeal before the Court of Justice against the judgment of the General Court.

Source Link http://curia.europa.eu/jcms/upload/docs/application/pdf/2016-12/cp160146en.pdf
Related Links
ESO: Background information: Advocate General’s Opinion in Case C-104/16 P Council v Polisario Front http://www.europeansources.info/record/advocate-generals-opinion-in-case-c-104-16-p-council-v-polisario-front/
Blog: EU Law Analysis, 23.12.16: EU/Morocco relations and the Western Sahara: the ECJ and international law http://eulawanalysis.blogspot.co.uk/2016/12/eumorocco-relations-and-western-sahara.html
EurActiv, 22.12.16: EU court casts doubt on Morocco’s claim to Western Sahara http://www.euractiv.com/section/trade-society/news/eu-court-casts-doubt-on-moroccos-claim-to-western-sahara/
EUObserver, 23.12.16: Top court strikes down EU Western Sahara policy https://euobserver.com/foreign/136401
The Wall Street Journal: Blog, 21.12.16: EU Top Court Dismisses Challenge to Morocco Trade Deals http://blogs.wsj.com/brussels/2016/12/21/eu-top-court-dismisses-challenge-to-morocco-trade-deals/
EurActiv, 06.02.17: Morocco warns EU to respect trade deal http://www.euractiv.com/section/trade-society/news/morocco-warns-eu-to-respect-trade-deal/

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