# C_2021462EN.01001902.xml

| 15.11.2021 | EN | Official Journal of the European Union | C 462/19 |
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15.11.2021

EN

Official Journal of the European Union

C 462/19

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Judgment of the Court (Grand Chamber) of 2 September 2021 — European Commission v Council of the European Union

(Case C-180/20) (1)

(Action for annulment - Decisions (EU) 2020/245 and 2020/246 - Position to be taken on behalf of the European Union within the Partnership Council established by the Comprehensive and Enhanced Partnership Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Armenia, of the other part - Agreement, certain provisions of which may be linked with the common foreign and security policy (CFSP) - Adoption of the Rules of Procedure of the Partnership Council, of the Partnership Committee, subcommittees and other bodies - Adoption of two separate decisions - Choice of legal basis - Article 37 TEU - Article 218(9) TFEU - Voting rules)

(2021/C 462/19)

Language of the case: English

Parties

Applicant: European Commission (represented by: M. Kellerbauer and T. Ramopoulos, acting as Agents)

Defendant: Council of the European Union (represented by: P. Mahnič, M. Balta and M. Bishop, acting as Agents)

Intervener in support of the applicant: Czech Republic (represented by: K. Najmanová, M. Švarc, J. Vláčil and M. Smolek, acting as Agents)

Intervener in support of the defendant: French Republic (represented by: T. Stehelin, J. L. Carré and by A. L. Desjonquères, acting as Agents)

Operative part of the judgment

The Court:

| 1. | Annuls Council Decision (EU) 2020/245 of 17 February 2020 on the position to be taken on behalf of the European Union within the Partnership Council established by the Comprehensive and Enhanced Partnership Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Armenia, of the other part, as regards the adoption of the Rules of Procedure of the Partnership Council and those of the Partnership Committee, subcommittees and other bodies set up by the Partnership Council, and the establishment of the list of Sub-Committees, for the application of that Agreement with the exception of Title II thereof, and Council Decision (EU) 2020/246 of 17 February 2020 on the position to be taken on behalf of the European Union within the Partnership Council established by the Comprehensive and Enhanced Partnership Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Armenia, of the other part, as regards the adoption of the Rules of Procedure of the Partnership Council and those of the Partnership Committee, subcommittees and other bodies set up by the Partnership Council, and the establishment of the list of Sub-Committees, for the application of Title II of that Agreement; |
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1.

Annuls Council Decision (EU) 2020/245 of 17 February 2020 on the position to be taken on behalf of the European Union within the Partnership Council established by the Comprehensive and Enhanced Partnership Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Armenia, of the other part, as regards the adoption of the Rules of Procedure of the Partnership Council and those of the Partnership Committee, subcommittees and other bodies set up by the Partnership Council, and the establishment of the list of Sub-Committees, for the application of that Agreement with the exception of Title II thereof, and Council Decision (EU) 2020/246 of 17 February 2020 on the position to be taken on behalf of the European Union within the Partnership Council established by the Comprehensive and Enhanced Partnership Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Armenia, of the other part, as regards the adoption of the Rules of Procedure of the Partnership Council and those of the Partnership Committee, subcommittees and other bodies set up by the Partnership Council, and the establishment of the list of Sub-Committees, for the application of Title II of that Agreement;

| 2. | Orders that the effects of Decisions 2020/245 and 2020/246 be maintained; |
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2.

Orders that the effects of Decisions 2020/245 and 2020/246 be maintained;

| 3. | Orders the Council of the European Union to pay the costs; |
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3.

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

| 4. | Orders the French Republic and the Czech Republic to bear their own costs. |
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4.

Orders the French Republic and the Czech Republic to bear their own costs.

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(1)  OJ C 209, 22.6.2020.

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