24.10.2009   

EN

Official Journal of the European Union

C 256/2


Judgment of the Court (Fourth Chamber) of 3 September 2009 — European Parliament v Council of the European Union

(Case C-166/07) (1)

(Action for annulment - Regulation (EC) No 1968/2006 - Community financial contributions to the International Fund for Ireland - Choice of legal basis)

2009/C 256/03

Language of the case: French

Parties

Applicant: European Parliament (represented by: I. Klavina, L. Visaggio and A. Troupiotis, Agents)

Defendants: Council of the European Union (represented by: A. Vitro and M. Moore, Agents)

Intervener in support of the defendant: Commission of the European Communities (represented by: L. Flynn and A. Steiblytė, Agents), Ireland (represented by: D. O’Hagen, Agent), United Kingdom of Great Britain and Northern Ireland (represented by: S. Behzadi-Spencer, Agent and D.W. Anderson QC, Barrister)

Re:

Action for annulment of Council Regulation (EC) No 1968/2006 of 21 December 2006 concerning Community financial contributions to the International Fund for Ireland (2007 to 2010) (OJ 2006 L 409, p. 86 and corrigendum in OJ 2007 L 36, p. 31) — Choice of legal basis — Article 308 EC (Consultation of the Parliament/Unanimity of the Council) — Strengthening of economic and social cohesion — Specific actions necessary in addition to those carried out in the context of the Structural Funds — Consolidation of the peace process in Northern Ireland — Article 159 EC (codecision procedure)

Operative part of the judgment

The Court:

1.

Annuls Council Regulation (EC) No 1968/2006 of 21 December 2006 concerning Community financial contributions to the International Fund for Ireland (2007 to 2010).

2.

Maintains the effects of Regulation No 1968/2006 until the entry into force, within a reasonable period, of a new regulation adopted on an appropriate legal basis.

3.

Orders that the annulment of Regulation No 1968/2006 shall not affect the validity of payments made or of undertakings given under that regulation.

4.

Orders the European Parliament and the Council of the European Union to bear their own respective costs.

5.

Orders Ireland, the United Kingdom of Great Britain and Northern Ireland and the Commission of the European Communities to bear their own respective costs.


(1)  OJ C 155, 7.7.2007.