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. |