EN Official Journal of the European Union C 213/3

Judgment of the Court (Grand Chamber) of 28 April 2015 — European Commission v Council of the European Union

(Case C-28/12) (1)

((Action for annulment - Mixed international agreements - Decision authorising the signing of those agreements and providing for their provisional application - Decision of the Council and of the Representatives of the Governments of the Member States meeting within the Council - Autonomy of the EU legal order - Participation of the Member States in the procedure and decision provided for in Article 218 TFEU - Voting arrangements within the Council))

(2015/C 213/05)

Language of the case: English

Parties

Applicant: European Commission (represented by: G. Valero Jordana, K. Simonsson and S. Bartelt, acting as Agents)

Intervener in support of the applicant: European Parliament (represented by: R. Passos and A. Auersperger Matić, acting as Agents)

Defendant: Council of the European Union (represented by: M.-M. Joséphidès, E. Karlsson, F. Naert and R. Szostak, acting as Agents)

Interveners in support of the defendant: Czech Republic (represented by: M. Smolek and E. Ruffer, acting as Agents), Kingdom of Denmark (represented by: U. Melgaard and L. Volck Madsen, acting as Agents), Federal Republic of Germany (represented by: T. Henze, N. Graf Vitzthum and B. Beutler, acting as Agents), Hellenic Republic (represented by: A. Samoni-Rantou and S. Khala, acting as Agents), French Republic (represented by: G. de Bergues, F. Fize, D. Colas and N. Rouam, acting as Agents), Italian Republic (represented by: G. Palmieri, acting as Agent, and P. Gentili, avvocato dello Stato), Kingdom of the Netherlands (represented by: C. Wissels and J. Langer, acting as Agents), Republic of Poland (represented by: B. Majczyna and M. Szpunar, acting as Agents), Portuguese Republic (represented by: L. Inez Fernandes and M.-L. Duarte, acting as Agents), Republic of Finland (represented by: J. Heliskoski, acting as Agent), Kingdom of Sweden (represented by: A. Falk, acting as Agent), United Kingdom of Great Britain and Northern Ireland (represented by: C. Murrell and L. Christie, acting as Agents, and R. Palmer, Barrister)

Operative part of the judgment

The Court:

1. Annuls Decision 2011/708/EU of the Council and of the Representatives of the Governments of the Member States of the European Union, meeting within the Council, of 16 June 2011, on the signing, on behalf of the Union, and provisional application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part; and on the signing, on behalf of the Union, and provisional application of the Ancillary Agreement between the European Union and its Member States, of the first part, Iceland, of the second part, and the Kingdom of Norway, of the third part, on the application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part;

2. Maintains the effects of Decision 2011/708 until the entry into force, within a reasonable period from the delivery of the present judgment, of a new decision that is to be adopted by the Council of the European Union pursuant to Article 218(5) and (8) TFEU;

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

4. Orders the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the French Republic, the Italian Republic, the Kingdom of the Netherlands, the Republic of Poland, the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland and the European Parliament to bear their own costs.

(1) OJ C 73, 10.3.2012.