# C_2010148EN.01001502.xml

| 5.6.2010 | EN | Official Journal of the European Union | C 148/15 |
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5.6.2010

EN

Official Journal of the European Union

C 148/15

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Reference for a preliminary ruling from the Conseil d’État (Belgium) lodged on 15 March 2010 — The European Communities v The Région de Bruxelles-Capitale

(Case C-137/10)

2010/C 148/24

Language of the case: French

Referring court

Referring court

Conseil d’État

Parties to the main proceedings

Parties to the main proceedings

Applicant: The European Communities

Applicant:

Defendant: The Région de Bruxelles-Capitale

Defendant:

Questions referred

Questions referred

| 1. | Must Article 282 of the Treaty establishing the European Community, in particular the phrase ‘[t]o this end, the Community shall be represented by the Commission’, contained in the second sentence of that article, be interpreted as meaning that an institution is properly authorised to represent the Community simply by virtue of the existence of an authority by which the Commission has delegated to that institution its powers of representation in legal proceedings, irrespective of whether or not that authority appointed by name a natural person empowered to represent the delegate institution? |
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1.

Must Article 282 of the Treaty establishing the European Community, in particular the phrase ‘[t]o this end, the Community shall be represented by the Commission’, contained in the second sentence of that article, be interpreted as meaning that an institution is properly authorised to represent the Community simply by virtue of the existence of an authority by which the Commission has delegated to that institution its powers of representation in legal proceedings, irrespective of whether or not that authority appointed by name a natural person empowered to represent the delegate institution?

| 2. | If not, can a national court such as the Conseil d’Etat verify the admissibility of an appeal lodged by a European institution which has been duly authorised to bring legal proceedings by the Commission, pursuant to the second sentence of Article 282 of the Treaty establishing the European Community, by examining whether that institution is represented by the appropriate natural person empowered to bring proceedings before the national court? |
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2.

If not, can a national court such as the Conseil d’Etat verify the admissibility of an appeal lodged by a European institution which has been duly authorised to bring legal proceedings by the Commission, pursuant to the second sentence of Article 282 of the Treaty establishing the European Community, by examining whether that institution is represented by the appropriate natural person empowered to bring proceedings before the national court?

| 3. | In the alternative, and in the event of an affirmative reply to the foregoing question, must the first sentence of the first subparagraph of Article 207(2) of the Treaty establishing the European Community, more specifically the phrase ‘assisted by a Deputy Secretary-General responsible for the running of the General Secretariat’, be interpreted as meaning that the Deputy Secretary-General of the Council may properly represent the Council for the purposes of bringing proceedings before the national courts? |
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3.

In the alternative, and in the event of an affirmative reply to the foregoing question, must the first sentence of the first subparagraph of Article 207(2) of the Treaty establishing the European Community, more specifically the phrase ‘assisted by a Deputy Secretary-General responsible for the running of the General Secretariat’, be interpreted as meaning that the Deputy Secretary-General of the Council may properly represent the Council for the purposes of bringing proceedings before the national courts?

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