29-01-2025
Sahara : France's top court rejects appeal by pro-Polisario organization
The French Supreme Court has dismissed an appeal by the Confederation of Agriculture, a group known for its support of the Polisario Front, concerning the importation of agricultural products from the Sahara region.
The court's ruling, as outlined in an official statement, determined that the French government is not required to prohibit the import of cherry tomatoes and Charente melons cultivated in Western Sahara. These products are currently classified as originating from Morocco.
The Confederation of Agriculture had petitioned the French government to halt these imports, arguing that labeling them as Moroccan contravenes European Union consumer information regulations. After receiving no response from the government, the confederation escalated the matter to the French Supreme Court.
During the proceedings, the European Court of Justice weighed in, asserting that EU member states cannot independently block the import of agricultural products from Western Sahara based on disputes over their origin labeling. The court clarified that such matters are governed by the EU's Common Commercial Policy.
Nonetheless, the European Court underscored the importance of accurate labeling, stating that «products originating in Western Sahara, intended for import and sale in Europe, must bear a designation of origin that identifies only Western Sahara as the country of origin, not Morocco, to avoid misleading consumers».
In alignment with this guidance, the French Supreme Court concluded that the authority to impose an import ban lies with European institutions, not national authorities. Consequently, the French ministers of economy and agriculture lack the legal power to prohibit the import of these products from Western Sahara.
