Case T-512/12: Judgment of the General Court of 10 December 2015 — Front Polisario v Council (External relations — Agreement in the form of an Exchange of Letters between the European Union and Morocco — Reciprocal liberalisation of agricultural products, processed agricultural products, fish and fishery products — Application of the Agreement to the territory of Western Sahara — Front Polisario — Action for annulment — Capacity to bring proceedings — Direct and individual concern — Admissibility — Compliance with international law — Obligation to state reasons — Rights of the defence)
Date: 2015-12-10
Institutions: General Court
Subjects: Morocco, Western Sahara, agreement (EU), agricultural product, fishery product, international law, liberalisation of the market, liberalisation of trade, rights of the defence








C_2016068EN.01002601.xml










22.2.2016   


EN


Official Journal of the European Union


C 68/26





Judgment of the General Court of 10 December 2015 — Front Polisario v Council
(Case T-512/12) (1)

((External relations - Agreement in the form of an Exchange of Letters between the European Union and Morocco - Reciprocal liberalisation of agricultural products, processed agricultural products, fish and fishery products - Application of the Agreement to the territory of Western Sahara - Front Polisario - Action for annulment - Capacity to bring proceedings - Direct and individual concern - Admissibility - Compliance with international law - Obligation to state reasons - Rights of the defence))
(2016/C 068/33)
Language of the case: French

Parties


Applicant: Front populaire pour la libération de la saguia-el-hamra et du rio de oro (Front Polisario) (represented initially by C.-E. Hafiz and G. Devers, and subsequently by G. Devers, lawyers)

Defendant: Council of the European Union (represented by: S. Kyriakopoulou, A. Westerhof Löfflerová and N. Rouam, acting as Agents)

Intervener in support of the defendant: European Commission (represented initially by F. Castillo de la Torre, E. Paasivirta and D. Stefanov, and subsequently by F. Castillo de la Torre and E. Paasivirta, acting as Agents)

Re:

Action for annulment of Council Decision 2012/497/EU of 8 March 2012 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco concerning reciprocal liberalisation measures on agricultural products, processed agricultural products, fish and fishery products, the replacement of Protocols 1, 2 and 3 and their Annexes and amendments to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part (OJ 2012 L 241, p. 2).

Operative part of the judgment

The Court:






1.


Annuls Council Decision 2012/497/EU of 8 March 2012 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco concerning reciprocal liberalisation measures on agricultural products, processed agricultural products, fish and fishery products, the replacement of Protocols 1, 2 and 3 and their Annexes and amendments to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, in so far as it approves the application of the Agreement to the territory of Western Sahara;










2.


Orders the Council of the European Union and the European Commission to each bear their own costs and to pay those incurred by the Front populaire pour la libération de la saguia-el-hamra et du rio de oro (Front Polisario).






(1)  OJ C 55, 23.2.2013.