# C_2016402EN.01000201.xml

| 31.10.2016 | EN | Official Journal of the European Union | C 402/2 |
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31.10.2016

EN

Official Journal of the European Union

C 402/2

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Judgment of the Court (Fifth Chamber) of 7 September 2016 — Federal Republic of Germany v European Parliament, Council of the European Union

(Case C-113/14) (1)

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((Action for annulment - Choice of legal basis - Article 43(2) TFEU or Article 43(3) TFEU - Common organisation of the markets in agricultural products - Regulation (EU) No 1308/2013 - Article 7 - Regulation (EU) No 1370/2013 - Article 2 - Measures on fixing prices - Reference thresholds - Intervention prices))

(2016/C 402/02)

Language of the case: German

Parties

Parties

Applicant: Federal Republic of Germany (represented by: T. Henze, A. Lippstreu and A. Wiedmann, acting as Agents)

Applicant:

Interveners in support of the applicant: United Kingdom of Great Britain and Northern Ireland (represented by: M. Holt, C. Brodie and J. Kraehling, acting as Agents, and by A. Bates, Barrister), Czech Republic (represented by: M. Smolek, J. Škeřík, J. Vláčil and D. Hadroušek, acting as Agents)

Interveners in support of the applicant:

Defendants: European Parliament (represented by: L.G. Knudsen, R. Kaškina and U. Rösslein, acting as Agents), Council of the European Union (represented by: G. Maganza, J.-P. Hix and S. Barbagallo, acting as Agents)

Defendants:

Intervener in support of the defendants: European Commission (represented by: D. Triantafyllou and G. von Rintelen, acting as Agents)

Intervener in support of the defendants:

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls Article 7 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007; |
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1.

Annuls Article 7 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007;

| 2. | Annuls Article 2 of Council Regulation (EU) No 1370/2013 of 16 December 2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products; |
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2.

Annuls Article 2 of Council Regulation (EU) No 1370/2013 of 16 December 2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products;

| 3. | Declares that the effects of Article 7 of Regulation No 1308/2013 and of Article 2 of Regulation No 1370/2013 are to be maintained until the entry into force, within a reasonable period of time which cannot exceed five months from the date of delivery of the present judgment, of a new regulation on the correct legal basis, namely Article 43(3) TFEU; |
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3.

Declares that the effects of Article 7 of Regulation No 1308/2013 and of Article 2 of Regulation No 1370/2013 are to be maintained until the entry into force, within a reasonable period of time which cannot exceed five months from the date of delivery of the present judgment, of a new regulation on the correct legal basis, namely Article 43(3) TFEU;

| 4. | Orders the European Parliament and the Council of the European Union to pay the costs; |
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4.

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

| 5. | Orders the Czech Republic, the United Kingdom of Great Britain and Northern Ireland and the European Commission to bear their own costs. |
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5.

Orders the Czech Republic, the United Kingdom of Great Britain and Northern Ireland and the European Commission to bear their own costs.

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(1)  OJ C 129, 28.4.2014.

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