Decisione importante da parte della Corte Europea di Giustizia riguardante prodotti originati dalla Cisgiordania ed esportati verso l’Europa. A questi prodotti, provenienti dalle colonie israeliane in Cisgiordania, non vengono applicati i trattamenti preferenziali applicati a Israele secondo gli accordi tra Tel Aviv e Bruxelles
Ecco alcuni passi della decisione della Corte del 25 febbraio:
[…]
to interpret Article 83 of the EC-Israel Association Agreement as meaning that the Israeli customs authorities enjoy competence in respect of products originating in the West Bank would be tantamount to imposing on the Palestinian customs authorities an obligation to refrain from exercising the competence conferred upon them by virtue of the abovementioned provisions of the EC-PLO Protocol. Such an interpretation, the effect of which would be to create an obligation for a third party without its consent, would thus be contrary to the principle of general international law, ‘pacta tertiis nec nocent nec prosunt’, as consolidated in Article 34 of the Vienna Convention.
53 It follows that Article 83 of the EC-Israel Association Agreement must be interpreted as meaning that products originating in the West Bank do not fall within the territorial scope of that agreement and do not therefore qualify for preferential treatment under that agreement.
54 In those circumstances, the German customs authorities could refuse to grant, in respect of the goods at issue, preferential treatment as provided for under the EC-Israel Association Agreement, on the ground that those goods originated in the West Bank.