21.11.2009   

EN

Official Journal of the European Union

C 282/4


Judgment of the Court (Second Chamber) of 1 October 2009 — Commission of the European Communities v Council of the European Union

(Case C-370/07) (1)

(Action for annulment - Establishment of the positions to be adopted on behalf of the Community in a body established by a convention - Obligation to state reasons - Reference to the legal basis - 14th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES))

2009/C 282/05

Language of the case: English

Parties

Applicant: Commission of the European Communities (represented by: G. Valero Jordana and C. Zadra, Agents)

Defendant: Council of the European Union (represented by: J.-P. Jacqué, F. Florindo Gijón and K. Michoel, Agents)

Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: E. Jenkinson and I. Rao, Agents, and D. Wyatt QC)

Re:

Annulment of the Council Decision of 24 May 2007 establishing the position to be adopted on behalf of the European Community with regard to certain proposals submitted to the 14th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the Hague, Netherlands, 3-15 June 2007 — Choice of legal basis

Operative part of the judgment

The Court:

1.

Annuls the decision of the Council of the European Union of 24 May 2007 establishing the position to be adopted on behalf of the European Community with regard to certain proposals submitted at the 14th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), The Hague (Netherlands), 3 to 15 June 2007.

2.

Maintains in force the effects of the annulled decision.

3.

Orders the Council of the European Union to pay the costs.

4.

Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.


(1)  OJ C 223, 22.09.2007.