January 27
2022
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Trajan Shipley
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17th November 2021
External Relations & Trade Institutional law

Commission challenges Council’s designation of a Member State’s representative to sign a Protocol of a fisheries agreement: action published

In Commission v Council (C-551/21), the Court of Justice will hear an action for annulment against a provision of Council Decision 2021/1117 on the signing, on behalf of the EU of the Implementing Protocol to the EU-Gabon Fisheries Partnership Agreement.

Specifically, the Commission is challenging the designation by the President of the Council of the Portuguese Ambassador to Gabon as the person empowered to sign the Protocol. In support of this claim, it argues that the Council has violated the Commission’s external representation powers under Article 17 TEU together with the inter-institutional balance and the principle of institutional conferral of powers as well as the requirement of the unity of external representation arisin

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