Case C-260/01: Action brought on 4 July 2001 by the European Parliament against the Council of the European Union
Date: 2001-09-01
Institutions: Court of Justice
Subjects: Council of the European Union, European Parliament, action for annulment (EU), operation of the Institutions, rules of procedure

1.9.2001

EN

Official Journal of the European Communities

C 245/13

Action brought on 4 July 2001 by the European Parlia-
ment against the Council of the European Union

(Case C-260/01)

(2001/C 245/23)

An action against the Council of the European Union was
brought before the Court of Justice of the European Communi-
ties on 4 July 2001 by the European Parliament, represented
by R. Passos and A. Caiola, acting as Agents, with an address
for service in Luxembourg.

The European Parliament claims that the Court should:

— annul, pursuant to Article 230 EC, Council Decision
2001/264/EC of 19 March 2001 adopting the Council’s
security regulations.

Pleas in law and main arguments

— Infringement of

acts

adopted jointly pursuant

the EC Treaty, and in particiular
Article 255 thereof: it is clear on reading Articles 255 EC
and 207 EC that the act of the Council mentioned in
Article 207 must be consistent with the general principles
and limits laid down in the basic act referred to in
Article 255(2) EC. It is of fundamental importance that
the heirarchical order of these provisions is complied
with in full by the Parliament, the Council and the
to
Commission if
Article 255(2) EC are to be effective. The act pursuant to
the codecision procedure must be adopted first. Only
then will the three institutions be in a position to lay
down their own specific provisions governing the public’s
right of access to their documents. The basic act in
question, namely Regulation (EC) No 1049/2001 of the
European Parliament and the Council regarding public
access to European Parliament, Council and Commission
documents, was adopted on 30 May 2001. Whilst the
European Parliament and the Commission followed the
order prescribed by Article 255 EC, the Council,
in
infringement thereof, did not, and on 19 March 2001
adopted Decision 2001/264.

— Breach of essential procedural requirements: it is clear
from the express purpose and content of Decision
2001/264/EC that it deals with matters going beyond the
internal operations of the Council. It has in fact created
legal obligations on the part of the Member States and
Community satellite organisations. In order to do that,
the Council ought not to have availed itself of the
provisions of Article 207(3) EC and Article 24 of Council
Decision 2000/396/EC of 5 June 2000, but should
instead have had recourse to a different
legal basis
allowing, in any event, for the initiative of the Com-
mission and the involvement of the European Parliament
in the legislative procedure, such as Article 255 EC and/or
Article 308 EC. By its actions, the Council has thwarted a
prerogative power of the European Parliament.

— Failure by the Council

to fulfil

its duty of sincere
cooperation, as guaranteed by Article 10 EC: the Council
adopted an implementing act before the relevant basic
act had been adopted by the competent institutions.
When the Council adopted its decision, that is to say, on
19 March 2001, the legislative procedure leading to the
adoption of the act provided for in Article 255(2) EC was
already at a very advanced stage. The Council makes no
mention in the contested decision of any urgent reasons
justifying its approach. Nor did it ever indicate to the
Parliament any urgency in connection with the adoption
of its security regulation.

— Breach of the principle of institutional balance.

Appeal brought on 5 July 2001 by Carla Giulietti against
the judgment delivered on 2 May 2001 by the Second
Chamber of the Court of First Instance of the European
Communities in Joined Cases T-167/99 and T-174/99
between Carla Giulietti and Others and the Commission
of the European Communities

(Case C-263/01 P)

(2001/C 245/24)

An appeal against the judgment delivered on 2 May 2001 by
the Second Chamber of the Court of First Instance of the
European Comunities in Joined Cases T-167/99 and T-174/99
between Carla Giulietti and Others and the Commission of the
European Communities was brought before the Court of
Justice of the European Communities on 5 July 2001 by Carla
Giulietti, represented by S. Diana, with an address for service
in Brussels.

The appellant claims that the Court should:

— set aside the judgment of the Court of First Instance of
2 May 2001 in Joined Cases T-167/99 and T-174/99;

— order the European Commission to pay the cost.

Pleas in law and main arguments

— Infringement of the rights of the defence:

The appellant was only informed at the end of the written
procedure before the Court of First Instance as to how
the group of 250 candidates retained for the tests was
broken down as between the two spheres of activity
covered by the competition. She was not informed of
how many candidates had initially chosen each sphere of
activity. The appellant was thus unable to prove inequality
of treatment between candidates on the part of the
selection board.