Front populaire pour la libération de la Saguia el-Hamra et du Rio de oro (Front Polisario) v Council of the European Union (T-279/19)

Judgment of 29 Sept 2021

law://eu/cjeu/2019/t-279-19/para_342@2026-11-15

342In this regard, in the first place it should be borne in mind that, in the context of external relations, and in particular of commercial policy, the institutions enjoy a broad margin of appreciation, given the complexity of the assessments, particularly of a political and economic nature, which they are required to make in that context (see judgment of 27 September 2007, Ikea Wholesale, C‑351/04, EU:C:2007:547, paragraph 40 and the case-law cited). Moreover, in the context of an association agreement such as the one at issue in the present case, which constitutes a complex contractual entity comprising several strands and reflects the common will of the parties to establish close relations and, where appropriate, to intensify them (see, to that effect, judgment of 27 February 2018, Western Sahara Campaign UK, C‑266/16, EU:C:2018:118, paragraphs 59 to 61), the institutions must be able to reconcile the various interests arising in relations with the non-member State which is a partner of the European Union and determine the most appropriate strategy in that regard (see, to that effect and by analogy, order of 25 September 2019, Magnan v Commission, T‑99/19, EU:T:2019:693, paragraph 54 and the case-law cited).

Front populaire pour la libération de la Saguia el-Hamra et du Rio de oro (Front Polisario) v Council of the European Union (T-279/19)

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