Thursday, 2 June 2011

‘Territorial waters’ case thrown out by European Court

The General Court of the European Court has ruled both the Gibraltar Government’s and the UK Government’s “waters cases” inadmissible on procedural grounds, and without an oral hearing or a consideration of the merits of the cases.

The Gibraltar Government’s European legal team have advised the Government that the ruling is highly appellable and the Government have therefore authorised them to draw up and submit an appeal to the European Court of Justice.

Chief Minister, Peter Caruana said: “Our case sought to protect Gibraltar from the adverse consequences to British Sovereignty and exclusive Gibraltar jurisdiction of the British Gibraltar Territorial Waters.

"For that reason, the Gibraltar Government considers it necessary and desirable to appeal the ruling that the Gibraltar Government’s case is inadmissible, and hopes that the UK will do the same in respect of its case."

With the spectre of Spain gaining a foothold on Gibraltar's British territorial waters, the Government has found it necesary to warn that it will defend the waters as British.

Mr Caruana said: "There are absolutely no circumstances in which the Gibraltar Government will permit British Gibraltar Territorial Waters to be treated, administered or governed for EU or any other purposes other than as waters of exclusive British Sovereignty, under the exclusive jurisdiction and control of the Gibraltar Government and Gibraltar Authorities and subject to the exclusive application of Gibraltar laws”.


  1. It is quite unbelievable that a country should need to apply to the European Court in order to protect her Territorial Waters.
    Spain has absolutely, utterly, and completely no right or claim whatsoever on Gibraltar's Territorial Waters. Never has had and never will have for long as Gibraltar is British.

  2. Gibralta doen not have territorial waters as they were not ceded with the town

    Wha twas ceded to the UK was

    "the full and entire propriety of the town and castle of Gibraltar, together with the port, fortifications, and forts thereunto belonging […] for ever, without any exception or impediment whatsoever."