# C_2016350EN.01000201.xml

| 26.9.2016 | EN | Official Journal of the European Union | C 350/2 |
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26.9.2016

EN

Official Journal of the European Union

C 350/2

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Judgment of the Court (Grand Chamber) of 28 July 2016 — Council of the European Union v European Commission

(Case C-660/13) (1)

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((Action for annulment - The European Union’s external relations - Access by the Swiss Confederation to the internal market - The Swiss Confederation’s financial contribution to economic and social cohesion in an enlarged Union - Memorandum of Understanding on a financial contribution by the Swiss Confederation to the Member States which acceded to the Union as a result of the 2004 enlargement - Enlargement of the Union to include the Republic of Croatia - Addendum to the Memorandum of Understanding concerning a financial contribution by the Swiss Confederation for the Republic of Croatia - Addendum signed by the European Commission on behalf of the European Union without the prior approval of the Council of the European Union - Powers - Article 13(2), Article 16(1) and (6) and Article 17(1) TEU - Principles of allocation of powers, institutional balance and sincere cooperation))

(2016/C 350/02)

Language of the case: English

Parties

Parties

Applicant: Council of the European Union (represented by: A. de Elera-San Miguel Hurtado, P. Mahnič and E. Finnegan, Agents)

Applicant:

Interveners in support of the applicant: Czech Republic (represented by: M. Smolek, J. Vláčil, E. Ruffer and M. Hedvábná, Agents), Federal Republic of Germany (represented by T. Henze and B. Beutler, Agents), Hellenic Republic (represented by: S. Chala and M. Tassopoulou, Agents), French Republic (represented by: G. de Bergues, D. Colas, F. Fize and N. Rouam, Agents), Republic of Lithuania (represented by: D. Kriaučiūnas and J. Nasutavičienėè, Agents), Hungary (represented by: M. Fehér and G. Szima, Agents), Kingdom of the Netherlands (represented by: M. Bulterman, M. Gijzen and M.Noort, Agents), Republic of Poland (represented by: B. Majczyna, Agent), Republic of Finland (represented by: J. Heliskoski and H. Leppo, Agents), United Kingdom of Great Britain and Northern Ireland (represented by: J. Kraehling, C. Brodie, S. Behzadi-Spencer and E. Jenkinson, Agents, and J. Holmes, Barrister)

Interveners in support of the applicant:

Defendant: European Commission, (represented by: S. Pardo Quintillán and T. Scharf, Agents)

Defendant:

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls Commission Decision C(2013) 6355 final of 3 October 2013 on the signature of the Addendum to the Memorandum of Understanding on a Swiss financial contribution; |
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1.

Annuls Commission Decision C(2013) 6355 final of 3 October 2013 on the signature of the Addendum to the Memorandum of Understanding on a Swiss financial contribution;

| 2. | Maintains the effects of Commission Decision C(2013) 6355 final until the entry into force, within a reasonable period of time, of a new decision to replace it; |
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2.

Maintains the effects of Commission Decision C(2013) 6355 final until the entry into force, within a reasonable period of time, of a new decision to replace it;

| 3. | Orders the European Commission to pay the costs; |
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3.

Orders the European Commission to pay the costs;

| 4. | Orders the Czech Republic, the Federal Republic of Germany, the Hellenic Republic, the French Republic, the Republic of Lithuania, Hungary, the Kingdom of the Netherlands, the Republic of Poland, the Republic of Finland and the United Kingdom of Great Britain and Northern Ireland to bear their own costs. |
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4.

Orders the Czech Republic, the Federal Republic of Germany, the Hellenic Republic, the French Republic, the Republic of Lithuania, Hungary, the Kingdom of the Netherlands, the Republic of Poland, the Republic of Finland and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.

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(1)  OJ C 45, 15.2.2014.

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