Can Kosovo be considered as a ‘third country’ in the meaning of EU law? Case note to Spain v. Commission

Abstract

The question of the recognition of the independence of Kosovo has been a dividing factor among Member States for more than a decade. Never before, however, had it led to an action for annulment before European courts. In Spain v. Commission, the Kingdom of Spain challenged the validity of a Commission decision providing for the participation of Kosovo’s national regulation authority in the Body of European Regulators for Electronic Communications (BEREC). The General Court ruled that the Commission could consider Kosovo as a third country in order to provide for the participation of its national regulation authority in BEREC. The Commission could also rely on the Stabilisation and Association Agreement concluded between the EU and Kosovo in order to enhance such cooperation. This judgment is of particular importance in terms of both EU-Kosovo relations and participation of third countries in EU agencies.