Written question – VP/HR – Risk of legal proceedings against the European Union following the Judgment of the General Court of 10 December 2015 – Front Polisario v Council – E-003059/2016

The European Union and the Kingdom of Morocco are both members of the World Trade Organisation. In 2011, they concluded an agreement establishing a dispute settlement mechanism(1) related to the EU-Morocco Association Agreement of 2000.

On several occasions, the Kingdom of Morocco has stated that the Judgment of the General Court (GC) of 10 December 2015(2) is a ‘political, not a legal, decision’, stressing that the Association Agreement is in full conformity with international law, and that it rejects the GC Judgment in the name of ‘Moroccan sovereignty’.

1. How does the VP/HR assess the legal risk of the Kingdom of Morocco bringing the matter before an international court in order to ensure respect by the European Union of Morocco’s alleged sovereignty over Western Sahara?

2. Irrespective of the fact that the GC Judgment is perfectly in line with international law, what measures do the Commission and the Services of the High Representative intend to take in order to anticipate this legal risk?

(1) OJ L 176, 5.7.2011, p. 2.
(2) General Court, Case T-512/12, ECLI:EU:T:2015:953, Front Polisario v Council.

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