Order of the General Court (Fifth Chamber) of 8 February 2019 –
Front Polisario v Council

(Case T‑376/18)

(Action for annulment — International agreements — Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco — Decision authorising the opening of negotiations between the European Union and Morocco for the purpose of amending the partnership agreement — Lack of direct concern — Inadmissibility)

Action for annulment — Natural or legal persons — Measures of direct and individual concern to them — Whether directly concerned — Criteria — Decision authorising the opening of negotiations between the European Union and a third country for the purpose of amending the partnership agreement in the fisheries sector — Action brought by a national liberation movement — Not directly concerned — Inadmissibility

(Arts 218(3) and (4) and 263, 4th para. TFEU; Morocco Partnership Agreement)

(see paras 24, 26-29)

Re:

Action under Article 263 for annulment of the Council’s decision of 16 April 2018, authorising the opening of negotiations with the Kingdom of Morocco for the purpose of amending the Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco and concluding a protocol implementing that agreement.

Operative part

1.	The action is dismissed as inadmissible.

2.	There is no need to adjudicate on the applications for leave to intervene submitted by the French Republic and the European Commission.

3.	The Front populaire pour la libération de la Saguia-el-Hamra et du Rio de Oro (Front Polisario) shall bear its own costs and pay those incurred by the Council of the European Union.

4.	The Commission and the French Republic shall bear their own respective costs relating to the applications for leave to intervene.