Judgment of the Court (Grand Chamber) of 20 November 2018 — European Commission v Council of the European Union (C-626/15), European Commission v Council of the European Union (C-659/16)

(Joined Cases C-626/15 and C-659/16) (1)

((Actions for annulment - Decision of the Permanent Representatives Committee (Coreper) - Decision approving the submission of a reflection paper to an international body - Admissibility - Challengeable act - Exclusive, shared or complementary competence of the European Union - Action of the European Union alone in an international body or participation of the Member States alongside it - Conservation of marine biological resources - Fisheries - Protection of the environment - Research - Marine protected areas (MPAs) - Antarctic Treaty - Convention on the Conservation of Antarctic Marine Living Resources - Weddell Sea and Ross Sea))

(2019/C 25/02)

Language of the case: French

Parties

(C-626/15)

Applicant: European Commission (represented by: A. Bouquet, E. Paasivirta and C. Hermes, acting as Agents)

Defendant: Council of the European Union (represented by: A. Westerhof Löfflerová, R. Liudvinaviciute-Cordeiro and M. Simm, acting as Agents)

Interveners in support of the defendant: Federal Republic of Germany (represented by: T. Henze, J. Möller, K. Stranz and S. Eisenberg, acting as Agents), Hellenic Republic (represented by: G. Karipsiadis and K. Boskovits, acting as Agents), Kingdom of Spain (represented by: M.A. Sampol Pucurull, acting as Agent), French Republic (represented by: F. Fize, D. Colas, G. de Bergues and B. Fodda, acting as Agents), Kingdom of the Netherlands (represented by: M. Gijzen, M. Bulterman and M. Noort, acting as Agents), Portuguese Republic (represented by: L. Inez Fernandes, M. Figueiredo and M.L. Duarte, acting as Agents), Republic of Finland (represented by: J. Heliskoski, acting as Agent), Kingdom of Sweden (represented by: A. Falk, C. Meyer-Seitz, U. Persson, N. Otte Widgren, L. Zettergren and L. Swedenborg, acting as Agents), United Kingdom of Great Britain and Northern Ireland (represented by: C. Brodie, acting as Agent, and J. Holmes QC)

(C-659/16)

Applicant: European Commission (represented by: A. Bouquet, E. Paasivirta and C. Hermes, acting as Agents)

Defendant: Council of the European Union (represented by: A. Westerhof Löfflerová, R. Liudvinaviciute-Cordeiro and M. Simm, acting as Agents)

Interveners in support of the defendant: Kingdom of Belgium (represented by: J. Van Holm, C. Pochet and L. Van den Broeck, acting as Agents), Federal Republic of Germany (represented by: T. Henze, J. Möller and S. Eisenberg, acting as Agents), Kingdom of Spain (represented by: M.A. Sampol Pucurull, acting as Agent), French Republic (represented by: D. Colas and B. Fodda, acting as Agents), Grand Duchy of Luxembourg (represented by: D. Holderer, acting as Agent), Kingdom of the Netherlands (represented by: B. Koopman, M. Bulterman and M. Noort, acting as Agents), Portuguese Republic (represented by: L. Inez Fernandes, M. Figueiredo and L. Medeiros, acting as Agents), Republic of Finland (represented by: J. Heliskoski, acting as Agent), Kingdom of Sweden (represented by: A. Falk, C. Meyer-Seitz, H. Shev and L. Zettergren, acting as Agents), United Kingdom of Great Britain and Northern Ireland (represented by: C. Brodie and G. Brown, acting as Agents, J. Holmes QC and J. Gregory, Barrister)

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders the European Commission to bear its own costs and to pay those incurred by the Council of the European Union;

3. Orders the Kingdom of Belgium, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.

(1) OJ C 59, 15.2.2016.

OJ C 38, 6.2.2017.