Case C-798/21 P: Appeal brought on 16 December 2021 by the Council of the European Union against the judgment of the General Court (Ninth Chamber, Extended Composition) delivered on 29 September 2021 in Joined Cases T-344/19 and T-356/19, Front Polisario v Council
Date: 2021-12-16
Institutions: Court of Justice
Subjects: Morocco, Western Sahara, access to the courts, agreement (EU), international law, rebel government, self-determination








C_2022119EN.01002302.xml










14.3.2022   


EN


Official Journal of the European Union


C 119/23






Appeal brought on 16 December 2021 by the Council of the European Union against the judgment of the General Court (Ninth Chamber, Extended Composition) delivered on 29 September 2021 in Joined Cases T-344/19 and T-356/19, Front Polisario v Council
(Case C-798/21 P)
(2022/C 119/31)
Language of the case: French

Parties


Appellant: Council of the European Union (represented by: F. Naert, V. Piessevaux, acting as Agents)

Other parties to the proceedings: Front populaire pour la libération de la Saguia el-Hamra et du Rio de oro (Front Polisario), Kingdom of Spain, French Republic, European Commission, Chambre des pêches maritimes de la Méditerranée, Chambre des pêches maritimes de l’Atlantique Nord, Chambre des pêches maritimes de l’Atlantique Centre, Chambre des pêches maritimes de l’Atlantique Sud

Form of order sought

The appellant claims that the Court should:






—


set aside the judgment under appeal in so far as it annuls Decision 2019/441 (1);










—


give final judgment in the matters that are the subject of the appeal and dismiss the action brought by Front Polisario in Case T-344/19;










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order Front Polisario to pay the costs of the appeal and of Case T-344/19;










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in the alternative: maintain the effects of Decision 2019/441 for a period of 12 months from the date on which judgment is delivered.





Grounds of appeal and main arguments

The first ground of appeal alleges infringement of the fourth paragraph of Article 263 TFEU and concerns the judgment under appeal in so far as it concluded that Front Polisario has the capacity to bring proceedings before the Courts of the European Union.
The second ground of appeal alleges infringement of the fourth paragraph of Article 263 TFEU and breach of the principle that documents must be construed in accordance with their actual terms, and concerns the judgment under appeal in so far as it concluded that the contested decision is of direct and individual concern to Front Polisario.
The third ground of appeal alleges an error of law as regards the possibility of relying on rules of international law and concerns the judgment under appeal in so far as it concluded that Front Polisario can rely on the principle of self-determination and the principle of the relative effect of treaties.
The fourth ground of appeal alleges misinterpretation and misapplication of the general principle of the relative effect of treaties and of the right of self-determination, breach of the principle that documents must be construed in accordance with their actual terms, distortion of the Council’s arguments and infringement of Article 36, read in conjunction with the first paragraph of Article 53, of the Statute of the Court of Justice. It concerns the judgment under appeal in so far as it concluded that the people of Western Sahara did not give their consent to the agreements with which Decision 2019/441 is concerned.


(1)  Council Decision (EU) 2019/441 of 4 March 2019 on the conclusion of the Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco, the Implementation Protocol thereto and the Exchange of Letters accompanying the Agreement (OJ 2019 L 77, p. 4).