Official Journal of the European Union

C 374/4

Judgment of the Court (Grand Chamber) of 6 September 2017 — Slovak Republic (C-643/15) and Hungary (C-647/15) v Council of the European Union

(Joined Cases C-643/15 and C-647/15) (1)

((Actions for annulment - Decision (EU) 2015/1601 - Provisional measures in the area of international protection for the benefit of the Hellenic Republic and the Italian Republic - Emergency situation characterised by a sudden inflow of nationals of third countries into certain Member States - Relocation of those nationals to other Member States - Relocation quotas - Article 78(3) TFEU - Legal basis - Conditions under which applicable - Concept of ‘legislative act’ - Article 289(3) TFEU - Whether conclusions adopted by the European Council are binding on the Council of the European Union - Article 15(1) TEU and Article 68 TFEU - Essential procedural requirements - Amendment of the European Commission’s proposal - Requirements for a further consultation of the European Parliament and a unanimous vote within the Council of the European Union - Article 293 TFEU - Principles of legal certainty and of proportionality))

(2017/C 374/05)

Language of the case: Slovak and Hungarian


Applicants: Slovak Republic (represented by: the Ministerstvo spravodlivosti Slovenskej republiky) (C-643/15) and Hungary (C-647/15) (represented by: M.Z. Fehér and G. Koós, acting as Agents)

Intervener in support of the applicants: Republic of Poland (represented by: B. Majczyna and M. Kamejsza, acting as Agents)

Defendant: Council of the European Union (represented by: M. Chavrier, K. Pleśniak, N. Pethő and Z. Kupčová, acting as Agents)

Interveners in support of the defendant: Kingdom of Belgium (represented by J. Van Holm, M. Jacobs and C. Pochet, acting as Agents), Federal Republic of Germany (represented by: T Henze, R. Kanitz and J. Möller (C-647/15), acting as Agents), Hellenic Republic (represented by: M. Michelogiannaki and A. Samoni-Rantou, acting as Agents), French Republic (represented by: D. Colas, F.-X. Bréchot and E. Armoet, acting as Agents), Italian Republic (represented by: G. Palmieri, acting as Agent, and by L. D’Ascia, avvocato dello Stato), Grand Duchy of Luxembourg (represented by: A. Germeaux, C. Schiltz and D. Holderer, acting as Agents), Kingdom of Sweden (represented by: A. Falk, C. Meyer-Seitz, U. Persson, O. Widgren, E. Karlsson and L. Swedenborg, acting as Agents), European Commission (represented by: M. Condou-Durande and K. Talabér-Ritz (C-647/15), J. Baquero Cruz and A. Tokár (C-643/15) and G. Wils, acting as Agents)

Operative part of the judgment

The Court:


Dismisses the actions;


Orders the Slovak Republic and Hungary to bear their own costs and to pay those of the Council of the European Union;


Orders the Kingdom of Belgium, the Federal Republic of Germany, the Hellenic Republic, the French Republic, the Italian Republic, the Grand Duchy of Luxembourg, the Republic of Poland, the Kingdom of Sweden and the European Commission to bear their own costs.

(1)  OJ C 38, 1.2.2016.