# C_2012319EN.01000302.xml

| 20.10.2012 | EN | Official Journal of the European Union | C 319/3 |
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20.10.2012

EN

Official Journal of the European Union

C 319/3

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Action brought on 6 August 2012 — European Commission v Council of the European Union

(Case C-377/12)

2012/C 319/04

Language of the case: English

Parties

Parties

Applicant: European Commission (represented by: G. Valero Jordana, S. Bartelt, F. Erlbacher, Agents)

Applicant:

Defendant: Council of the European Union

Defendant:

The applicant claims that the Court should:

The applicant claims that the Court should:

| — | annul the Decision of the Council of 14 May 2012 on the signing, on behalf of the Union, of the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Republic of the Philippines, of the other part (2012/272/EU) (1) insofar as the Council has added the legal bases relating to transport (Articles 91 and 100 TFEU), readmission (Article 79(3) TFEU) and environment (Article 191(4) TFEU); |
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annul the Decision of the Council of 14 May 2012 on the signing, on behalf of the Union, of the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Republic of the Philippines, of the other part (2012/272/EU) (1) insofar as the Council has added the legal bases relating to transport (Articles 91 and 100 TFEU), readmission (Article 79(3) TFEU) and environment (Article 191(4) TFEU);

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| — | maintain the effects of the contested decision; |
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maintain the effects of the contested decision;

| — | order Council of the European Union to pay the costs. |
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order Council of the European Union to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

By way of the present application the Commission seeks the annulment of the Decision of the Council on the signing, on behalf of the Union, of the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Republic of the Philippines, of the other part of 14 May 2012 (2012/272/EU) (hereinafter referred to as ‘the contested decision’), insofar as the Council has added the legal bases relating to transport (Articles 91 and 100 TFEU), readmission (Article 79(3) TFEU) and environment (Article 191(4) TFEU).

This application is based on a single plea of law, namely that the Council has violated the rules of the Treaties and the case-law of the Court in relation to the choice of the legal basis for the adoption of a Union measure, including a decision on the signature of an international agreement.

The Commission takes the view that the addition of the above mentioned legal bases was unnecessary and illegal. Indeed, the provisions of the PCA which have triggered the addition of these legal bases by the Council relate to cooperation on specific policy matters which form an integral part of the development cooperation policy of the EU and do not impose extensive obligations distinct from those of development cooperation. Therefore, all these provisions of the PCA are covered by Article 209 TFEU.

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(1)  OJ L 134, p. 3

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