Judgment of the Court (Grand Chamber) of 22 November 2022 — European Commission v Council of the European Union

(Case C-24/20) (1)

(Action for annulment - Council Decision (EU) 2019/1754 - Accession of the European Union to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications - Article 3(1) TFEU - Exclusive competence of the European Union - Article 207 TFEU - Common commercial policy - Commercial aspects of intellectual property - Article 218(6) TFEU - Right of initiative of the European Commission - Modification by the Council of the European Union of the proposal from the Commission - Article 293(1) TFEU - Applicability - Article 4(3), Article 13(2) and Article 17(2) TEU - Article 2(1) TFEU - Principles of conferral of powers, of institutional balance and of sincere cooperation)

(2023/C 24/02)

Language of the case: English

Parties

Applicant: European Commission (represented by: initially, F. Castillo de la Torre, I. Naglis and J. Norris, and subsequently, F. Castillo de la Torre, M. Konstantinidis and J. Norris, acting as Agents)

Defendant: Council of the European Union (represented by: A. Antoniadis, M. Balta and A.-L. Meyer, acting as Agents)

Interveners in support of the defendant: Kingdom of Belgium (represented by: M. Jacobs, C. Pochet and M. Van Regemorter, acting as Agents), Czech Republic, represented by: K. Najmanová, H. Pešková, M. Smolek and J. Vláčil, acting as Agents), Hellenic Republic (represented by: K. Boskovits and M. Tassopoulou, acting as Agents), French Republic (represented by: G. Bain, J.-L. Carré, A.-L. Desjonquères and T. Stéhelin, acting as Agents), Republic of Croatia (represented by: G. Vidović Mesarek, acting as Agent), Italian Republic (represented by: G. Palmieri, acting as Agent, and P. Gentili, avvocato dello Stato), Hungary (represented by: M.Z. Fehér and K. Szíjjártó, acting as Agents), Kingdom of the Netherlands (represented by: M.K. Bulterman and J. Langer, acting as Agents), Republic of Austria (represented by A. Posch, E. Samoilova, J. Schmoll, acting as Agents, and H. Tichy), Portuguese Republic (represented by: initially, P. Barros da Costa, L. Inez Fernandes, J.P. Palha and R. Solnado Cruz, acting as Agents, and subsequently, P. Barros da Costa, J.P. Palha and R. Solnado Cruz, acting as Agents)

Operative part of the judgment

The Court:

1. Annuls Article 3, and to the extent that it contains references to the Member States, Article 4 of Council Decision (EU) 2019/1754 of 7 October 2019 on the accession of the European Union to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications;

2. Declares that the effects of the parts of Decision 2019/1754 which have been annulled are to be maintained only in so far as they relate to Member States which, on the date of delivery of the present judgment, have already availed themselves of the authorisation under Article 3 of that decision to ratify or accede to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, alongside the European Union, until the entry into force, within a reasonable period which should not exceed six months from that date, of a new decision of the Council of the European Union;

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

4. Decides that the Kingdom of Belgium, the Czech Republic, the Hellenic Republic, the French Republic, the Republic of Croatia, the Italian Republic, Hungary, the Kingdom of the Netherlands, the Republic of Austria and the Portuguese Republic are to bear their own costs.

(1) OJ C 77, 9.3.2020.