# C_2007315EN.01000902.xml

| 22.12.2007 | EN | Official Journal of the European Union | C 315/9 |
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22.12.2007

EN

Official Journal of the European Union

C 315/9

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Judgment of the Court (Grand Chamber) of 23 October 2007 — Commission of the European Communities v European Parliament

(Case C-440/05) (1)

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(Action for annulment - Articles 31(1)(e) EU, 34 EU and 47 EU - Framework Decision 2005/667/JHA - Enforcement of the law against ship-source pollution - Criminal penalties - Community competence - Legal basis - Article 80(2) EC)

(2007/C 315/15)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: W. Bogensberger and R. Troosters, Agents)

Applicant:

Intervener in support of the applicant: European Parliament (represented by: M. Gómez-Leal, J. Rodrigues and A. Auersperger Matić, Agents)

Intervener in support of the applicant:

Defendant: Council of the European Union (represented by: J.-C. Piris and J. Schutte, and by K. Michoel, Agents)

Defendant:

Interveners in support of the defendant: Kingdom of Belgium (represented by M. Wimmer, Agent), Czech Republic (represented by T. Boček, Agent), Kingdom of Denmark (represented by J. Molde, Agent), Republic of Estonia (represented by L. Uibo, Agent), Hellenic Republic (represented by S. Chala and A. Samoni-Rantou, Agents), French Republic (represented by E. Belliard, G. de Bergues and S. Gasri, Agents), Ireland (represented by D. O'Hagan, E. Fitzsimons and N. Hyland, Agents), Republic of Latvia (represented by E. Balode-Buraka and E. Broks, Agents), Republic of Lithuania (represented by D. Kriaučiūnas, Agent), Republic of Hungary (represented by P. Gottfried, Agent), Republic of Malta (represented by S. Camilleri, Agent, and P. Grech, Deputy Attorney General), Kingdom of the Netherlands (represented by H.G. Sevenster and M. de Grave, Agents), Republic of Austria (represented by C. Pesendorfer, Agent), Republic of Poland (represented by E Ośniecka-Tamecka, Agent), Portuguese Republic (represented by L. Fernandes and M.L. Duarte, Agents), Slovak Republic (represented by R. Procházka, Agent), Republic of Finland (represented by E. Bygglin, Agent), Kingdom of Sweden (represented by K. Wistrand, Agent), United Kingdom of Great Britain and Northern Ireland (represented by E. O'Neill, D.J. Rhee and D. Anderson, Agents),

Interveners in support of the defendant:

Re:

Annulment of Council Framework Decision 2005/667/JHA of 12 July 2005 to strengthen the criminal-law framework for the enforcement of the law against ship source pollution (OJ 2005 L 255, p. 164)

Operative part of the judgment

The Court:

| 1) | Annuls Council Framework Decision 2005/667/JHA of 12 July 2005 to strengthen the criminal-law framework for the enforcement of the law against ship-source pollution; |
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1)

Annuls Council Framework Decision 2005/667/JHA of 12 July 2005 to strengthen the criminal-law framework for the enforcement of the law against ship-source pollution;

| 2) | Orders the Council of the European Union to pay the costs; |
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2)

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

| 3) | Orders the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Republic of Estonia, the Hellenic Republic, the French Republic, Ireland, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, and the United Kingdom of Great Britain and Northern Ireland and also the European Parliament to bear their own costs. |
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3)

Orders the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Republic of Estonia, the Hellenic Republic, the French Republic, Ireland, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, and the United Kingdom of Great Britain and Northern Ireland and also the European Parliament to bear their own costs.

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(1)  OJ 2006 C 22.

1

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