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((Action for annulment - Euro-Mediterranean Aviation Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco, of the other part - Act concluding the agreement - Lack of applicability of the agreement to the territory of Western Sahara - Lack of standing to bring proceedings - Inadmissibility))
(2019/C 44/92)
Language of the case: French
Applicant: Front populaire pour la libération de la Saguia el-Hamra et du Rio de oro (Front Polisario) (represented by: G. Devers, lawyer)
Defendant: Council of the European Union (represented by: A. de Elera-San Miguel Hurtado and R. Liudvinaviciute-Cordeiro, acting as Agents)
Application under Article 263 TFEU for the annulment of Council Decision (EU) 2018/146 of 22 January 2018 on the conclusion, on behalf of the Union, of the Euro-Mediterranean Aviation Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco, of the other part (OJ 2018 L 26, p. 4).
The Court hereby orders:
1.The action is dismissed.
2.There is no need to adjudicate on the applications for leave to intervene made by the Kingdom of Spain, the French Republic or the European Commission.
3.The Front populaire pour la libération de la Saguia-el-Hamra et du Rio de Oro (Front Polisario) shall pay, in addition to its own costs, those incurred by the Council of the European Union.
4.The Front Polisario, the Council, the Commission, the Kingdom of Spain and the French Republic shall each bear their own costs relating to their applications for leave to intervene.
(*) Language of the case: French.