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What happened next?Continue in this file · Moroccan Sahara: from the roots of the conflict to the 2026 negotiations
File · Moroccan Sahara: from the roots of the conflict to the 2026 negotiations

CJEU upholds fisheries agreement while excluding waters adjacent to Sahara

On 27 February 2018, the CJEU held in case C-266/16 that the EU–Morocco fisheries agreement and its protocol did not apply to waters adjacent to the Moroccan Sahara, called “Western Sahara” in the proceedings.

Responding to a referral from a British court, the Court adopted an interpretation preserving the validity of the instruments examined while excluding those waters from their scope. Describing the judgment as a blanket annulment of all fisheries cooperation would therefore be inaccurate.

The decision extends the territorial-scope issue addressed in 2016 to a different instrument and access to marine resources. It requires a distinction between the agreement then in force, fishing authorizations and agreements negotiated later. It does not itself determine the political settlement of the dispute.

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What happened before?Continue in this file · Moroccan Sahara: from the roots of the conflict to the 2026 negotiations