Case C-266/16: Judgment of the Court (Grand Chamber) of 27 February 2018 (request for a preliminary ruling from the High Court of Justice (England & Wales), Queen’s Bench Division (Administrative Court) — United Kingdom) — The Queen, on the application of: Western Sahara Campaign UK v Commissioners for Her Majesty’s Revenue and Customs, Secretary of State for Environment, Food and Rural Affairs (Reference for a preliminary ruling — Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco — Protocol setting out the fishing opportunities provided for by the agreement — Acts approving the conclusion of the agreement and of the protocol — Regulations allocating among the Member States the fishing opportunities set out by the protocol — Jurisdiction — Interpretation — Validity having regard to Article 3(5) TEU and international law — Applicability of that agreement and that protocol to the territory of Western Sahara and the waters adjacent thereto)
Date: 2018-02-27
Institutions: Court of Justice
Subjects: Morocco, Western Sahara, cooperation agreement (EU), financial compensation of an agreement, fishing agreement, fishing area, fishing rights, jurisdiction, protocol to an agreement, sea fishing








C_2018142EN.01000301.xml










23.4.2018   


EN


Official Journal of the European Union


C 142/3





Judgment of the Court (Grand Chamber) of 27 February 2018 (request for a preliminary ruling from the High Court of Justice (England & Wales), Queen’s Bench Division (Administrative Court) — United Kingdom) — The Queen, on the application of: Western Sahara Campaign UK v Commissioners for Her Majesty’s Revenue and Customs, Secretary of State for Environment, Food and Rural Affairs
(Case C-266/16) (1)

((Reference for a preliminary ruling - Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco - Protocol setting out the fishing opportunities provided for by the agreement - Acts approving the conclusion of the agreement and of the protocol - Regulations allocating among the Member States the fishing opportunities set out by the protocol - Jurisdiction - Interpretation - Validity having regard to Article 3(5) TEU and international law - Applicability of that agreement and that protocol to the territory of Western Sahara and the waters adjacent thereto))
(2018/C 142/03)
Language of the case: English

Referring court

High Court of Justice (England & Wales), Queen’s Bench Division (Administrative Court)

Parties to the main proceedings


Applicant: The Queen, on the application of: Western Sahara Campaign UK

Defendants: Commissioners for Her Majesty’s Revenue and Customs, Secretary of State for Environment, Food and Rural Affairs

Intervener: Confédération marocaine de l’agriculture et du développement rural (Comader)

Operative part of the judgment

Since neither the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco nor the Protocol between the European Union and the Kingdom of Morocco setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco are applicable to the waters adjacent to the territory of Western Sahara, consideration of the first question referred for a preliminary ruling has revealed nothing capable of affecting the validity of Council Regulation (EC) No 764/2006 of 22 May 2006 on the conclusion of that agreement, Council Decision 2013/785/EU of 16 December 2013 on the conclusion of that protocol, and Council Regulation (EU) No 1270/2013 of 15 November 2013 on the allocation of fishing opportunities under that protocol, in the light of Article 3(5) TEU.


(1)  OJ C 260, 18.7.2016.