36Secondly, the Court has already acknowledged that a measure does not fall within development cooperation if it has as its main purpose the implementation of the CFSP, even if it contributes to the economic and social development of the developing country (Case C‑91/05 Commission v Council EU:C:2008:288, paragraph 72). In the present case, the assistance provided to the Republic of Mauritius relates to the transfer operations referred to in the EU-Mauritius Agreement and to the ability of the Republic of Mauritius to implement that agreement in accordance with international human rights law. Such assistance does not have as its objective the development of the Republic of Mauritius nor, therefore, constitute development cooperation.
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