ABSTRACT – On 21 March 2024, Advocate general Ćapeta delivered its Opinion in Case C-399/22, Confédération paysanne c. Ministre de l’Agriculture et de la Souveraineté alimentaire, Ministre de l’Économie, des Finances et de la Souveraineté industrielle et numérique. This is a reference for preliminary ruling brought by the French Council of State concerning the indication of origin of certain agricultural products cultivated in Western Sahara and imported into the European Union through the EU-Morocco Association Agreement. The Court of Justice is asked (inter alia) to clarify which labelling is required for products coming from the non-autonomous territory and, in particular, whether they must be labelled as originating in Western Sahara, as they cannot be labelled as “made in Morocco”. Some critical remarks will be made with regard to the consistency of the solution proposed by the AG with that adopted by the Court in its Psagot case-law. The case in comment provides us with an opportunity to reflect on the relationship between EU law and customary international law and, in particular, on the obligations arising for the EU from the principle of proples’ self-determination, as well as on the role of private individuals (consumers) in promoting respect for international humanitarian law.
