Case C-632/20 P, Spain v. Eur. Comm'n (C.J.E.U.)

Abstract

On January 17, 2023, the Grand Chamber of the Court of Justice of the European Union (CJEU) delivered its judgments in case C-632/20, P Spain v. Commission (Kosovo), ruling that notwithstanding the European Union's non-recognition of Kosovo as a state, Kosovo may participate in an EU agency, namely the Body of European Regulators for Electronic Communications (BEREC). The judgment is significant for several reasons: (1) for the European Union's growing engagement with non-recognized territorial entities since it clarifies the meaning of the concept of “third country” and confirms that such entities may participate in EU agencies; (2) for the European Union's engagement with Kosovo—particularly in the light of Kosovo's 2022 bid for EU membership; and (3) more broadly, in the context of the burgeoning debate regarding the CJEU's approach to international law.