Case C-91/05: Action brought on 21 February 2005 by the European Commission against the Council of the European Union
Date: 2005-05-14
Institutions: Court of Justice
Subjects: Council of the European Union, European Commission, action for annulment (EU), arms control, conflict of powers, development aid, powers of the institutions (EU)

C 115/10

EN

Official Journal of the European Union

14.5.2005

None of the arguments on which the Court of First Instance
based its decision is sufficient to allow an exception in respect
of documents from the Member States to be made to the
fundamental principle that it is the institution which holds a
document which is responsible for assessing whether it should
be disclosed. The decision of the Court of First Instance thus
infringed Community law.

and good governance, and announces support in particular for
the moratorium on the import, export and production of light
weapons in West Africa. Thus the impugned CFSP decision is
in infringement of Article 47 TEU, since it affects Community
powers in the field of development aid.

(1) OJ C 202, 24.08.2002, p. 30.

Action brought on 21 February 2005 by the European
Commission against the Council of the European Union

(Case C-91/05)

(2005/C 115/19)

(Language of the case: English)

An action against the Council of the European Union was
brought before the Court of Justice of the European Commu-
nities on 21 February 2005 by the European Commission,
represented by Pieter Jan Kuijper and Johan Enegren acting as
Agents, with an address for service in Luxembourg.

The applicant claims that the Court should:

1. annul Council Decision 2004/833/CFSP (1)

2. declare illegal and hence inapplicable Council Joint Action

2002/589/CFSP (2), in particular Title II thereof.

Pleas in law and main arguments:

The Commission is seeking the annulment for lack of compe-
tence under Article 230, second paragraph, of the EC Treaty of
Council Decision 2004/833/CFSP of 2 December 2004 imple-
menting Joint Action 2002/589/CFSP with a view to a Euro-
pean Union contribution to ECOWAS in the framework of the
Moratorium on Small Arms and Light Weapons. The Council
took this Decision under Title V of the Treaty on European
Union, whereas Article 11(3) of the Cotonou agreement covers
actions inter alia against the spread of small arms and light
weapons. Moreover, the Commission had concluded pursuant
to Article 10(2) of Annex 1V of the Cotonou agreement a
Indicative Programme for West Africa with the
Regional
Economic Community of West African States (ECOWAS) and
the West African Economic and Monetary Union (WAEMU),
which gives support to a regional policy of conflict prevention

In addition, the Commission is seeking a declaration of illeg-
ality under Article 241 EC Treaty of Council
Joint Action
2002/589/CFSP of 12 July 2002, and in particular Title II
thereof, on the same basis and for the same reasons. Joint
Action 2002/589/CFSP is an act of a general legislative nature
on which the CFSP Decision is based, of which the annulment
for lack of competence is sought. Hence that Joint Action, and
more specifically Title II thereof should be declared inapplicable
in the present case.

(1) Council Decision 2004/833/CFSP of 2 December 2004 imple-
menting Joint Action 2002/589/CFSP with a view to a European
Union contribution to ECOWAS in the framework of the Mora-
torium on Small Arms and Light Weapons, OJ L 359, 04.12.2004,
p. 65.

(2) Council Joint Action 2002/589/CFSP of 12 July 2002 on the Euro-
pean Union's contribution to combating the destabilising accumula-
tion and spread of small arms and light weapons and repealing Joint
Action 1999/34/CFSP, OJ L 191, 19.07.2002, p. 1.

Appeal brought on 2 March 2005 (faxed on 28 February
2005) by El Corte Inglés against the judgment delivered
on 13 December 2004 by the Second Chamber of the
Court of First Instance of the European Communities in
Case T-8/03 between El Corte Inglés SA and the Office for
Harmonisation in the Internal Market (trade marks and
designs) (OHIM)

(Case C-104/05 P)

(2005/C 115/20)

(Language of the case: Italian)

On 2 March 2005 El Corte Inglés SA, represented by J. L. Rivas
Zurdo, lawyer, brought before the Court of Justice of the Euro-
pean Communities an appeal against the judgment delivered on
13 December 2004 by the Second Chamber of the Court of
First Instance of the European Communities in Case T-8/03 El
Corte Inglés SA and the Office for Harmonisation in the
Internal Market (trade marks and designs) (OHIM)