# C_2009256EN.01000202.xml

| 24.10.2009 | EN | Official Journal of the European Union | C 256/2 |
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24.10.2009

EN

Official Journal of the European Union

C 256/2

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Judgment of the Court (Fourth Chamber) of 3 September 2009 — European Parliament v Council of the European Union

(Case C-166/07) (1)

1

(Action for annulment - Regulation (EC) No 1968/2006 - Community financial contributions to the International Fund for Ireland - Choice of legal basis)

2009/C 256/03

Language of the case: French

Parties

Parties

Applicant: European Parliament (represented by: I. Klavina, L. Visaggio and A. Troupiotis, Agents)

Applicant:

Defendants: Council of the European Union (represented by: A. Vitro and M. Moore, Agents)

Defendants:

Intervener in support of the defendant: Commission of the European Communities (represented by: L. Flynn and A. Steiblytė, Agents), Ireland (represented by: D. O’Hagen, Agent), United Kingdom of Great Britain and Northern Ireland (represented by: S. Behzadi-Spencer, Agent and D.W. Anderson QC, Barrister)

Intervener in support of the defendant:

Re:

Re:

Action for annulment of Council Regulation (EC) No 1968/2006 of 21 December 2006 concerning Community financial contributions to the International Fund for Ireland (2007 to 2010) (OJ 2006 L 409, p. 86 and corrigendum in OJ 2007 L 36, p. 31) — Choice of legal basis — Article 308 EC (Consultation of the Parliament/Unanimity of the Council) — Strengthening of economic and social cohesion — Specific actions necessary in addition to those carried out in the context of the Structural Funds — Consolidation of the peace process in Northern Ireland — Article 159 EC (codecision procedure)

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls Council Regulation (EC) No 1968/2006 of 21 December 2006 concerning Community financial contributions to the International Fund for Ireland (2007 to 2010). |
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1.

Annuls Council Regulation (EC) No 1968/2006 of 21 December 2006 concerning Community financial contributions to the International Fund for Ireland (2007 to 2010).

| 2. | Maintains the effects of Regulation No 1968/2006 until the entry into force, within a reasonable period, of a new regulation adopted on an appropriate legal basis. |
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2.

Maintains the effects of Regulation No 1968/2006 until the entry into force, within a reasonable period, of a new regulation adopted on an appropriate legal basis.

| 3. | Orders that the annulment of Regulation No 1968/2006 shall not affect the validity of payments made or of undertakings given under that regulation. |
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3.

Orders that the annulment of Regulation No 1968/2006 shall not affect the validity of payments made or of undertakings given under that regulation.

| 4. | Orders the European Parliament and the Council of the European Union to bear their own respective costs. |
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4.

Orders the European Parliament and the Council of the European Union to bear their own respective costs.

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

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

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(1)  OJ C 155, 7.7.2007.

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