# C_2008171EN.01000202.xml

| 5.7.2008 | EN | Official Journal of the European Union | C 171/2 |
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5.7.2008

EN

Official Journal of the European Union

C 171/2

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Judgment of the Court (Grand Chamber) of 20 May 2008 — Commission of the European Communities v Council of the European Union

(Case C-91/05) (1)

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(Action for annulment - Article 47 EU - Common foreign and security policy - Decision 2004/833/CFSP - Implementation of Joint Action 2002/589/CFSP - Combating the proliferation of small arms and light weapons - Community competence - Development cooperation policy)

(2008/C 171/03)

Language of the case: English

Parties

Applicant: Commission of the European Communities (represented by: P.J. Kuijper, J. Enegren and M. Petite, Agents)

Applicant:

Intervener in support of the applicant: European Parliament (represented by: R. Passos, K. Lindahl and D. Gauci, Agents)

Intervener in support of the applicant:

Defendant: Council of the European Union, (represented by: J.-C. Piris, R. Gosalbo Bono, S Marquardt and E. Finnegan, Agents)

Defendant:

Interveners in support of the defendant: Kingdom of Denmark (represented by: A. Jacobsen, C. Thorning and L. Lander Madsen, Agents), Kingdom of Spain (represented by N. Díaz Abad, Agent), French Republic (represented by G. de Bergues, E. Belliard and C. Jurgensen, Agents), Kingdom of the Netherlands (represented by M. de Grave, C. Wissels and H.G. Sevenster, Agents), Kingdom of Sweden (represented by A. Falk, Agent), United Kingdom of Great Britain and Northern Ireland (represented by R. Caudwell and E. Jenkinson, Agents, assisted by A. Dashwood, Barrister)

Interveners in support of the defendant:

Re:

Annulment of Council Decision 2004/833/CFSP of 2 December 2004 implementing Joint Action 2002/589/CFSP with a view to a European Union contribution to ECOWAS in the framework of the Moratorium on Small Arms and Light Weapons (OJ 2004 L 359, p. 65) and a declaration of the unlawfulness of Council Joint Action 2002/589/CFSP of 12 July 2002 on the European Union's contribution to combating the destabilising accumulation and spread of small arms and light weapons and repealing Joint Action 1999/34/CFSP (OJ 2002 L 191, p. 1)

Operative part of the judgment

| 1. | Annuls Council Decision 2004/833/CFSP of 2 December 2004 implementing Joint Action 2002/589/CFSP with a view to a European Union contribution to ECOWAS in the framework of the Moratorium on Small Arms and Light Weapons. |
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1.

Annuls Council Decision 2004/833/CFSP of 2 December 2004 implementing Joint Action 2002/589/CFSP with a view to a European Union contribution to ECOWAS in the framework of the Moratorium on Small Arms and Light Weapons.

| 2. | Orders the Commission of the European Communities and the Council of the European Union to bear their own costs. |
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2.

Orders the Commission of the European Communities and the Council of the European Union to bear their own costs.

| 3. | Orders the Kingdom of Denmark, the Kingdom of Spain, the French Republic, the Kingdom of the Netherlands, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland and the European Parliament to bear their own costs. |
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3.

Orders the Kingdom of Denmark, the Kingdom of Spain, the French Republic, the Kingdom of the Netherlands, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland and the European Parliament to bear their own costs.

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(1)  OJ C 82, 14.4.2007.

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