Case C-133/06: Action brought on  8 March 2006  — European Parliament v Council of the European Union
Date: 2006-05-06
Institutions: Court of Justice
Subjects: Council of the European Union, European Parliament, action for annulment (EU), admission of aliens, codecision procedure, refugee, right of asylum

C 108/12

EN

Official Journal of the European Union

6.5.2006

Action brought on 8 March 2006 — European Parliament
v Council of the European Union

(Case C-133/06)

(2006/C 108/19)

the contested provisions disregard the role of co-legislator
conferred by the EC Treaty on the European Parliament and
despite the legislative resolution of 27 September 2005,
adopted in the course of the consultation procedure concerning
the directive in question, by which the Parliament drew that
point to the Council's attention.

Language of the case: French

(1) OJ 2005 L 326, p. 13.

Parties

Applicant: European Parliament (represented by: H. Duintjer
Tebbens, A. Caiola and A. Auersperger Matić, Agents)

Action brought on 8 March 2006 — Commission of the
European Communities v Hellenic Republic

Defendant: Council of the European Union

Form of order sought

(Case C-134/06)

(2006/C 108/20)

The applicant claims that the Court should:

Language of the case: Greek

— annul, under Article 230 EC, Articles 29(1) and (2) and
36(3) of Council Directive 2005/85/EC of 1 December
2005 on minimum standards on procedures in Member
States for granting and withdrawing refugee status (1);

— alternatively, annul Directive 2005/85/EC in its entirety;

— order the Council of the European Union to pay the costs.

Parties

Applicant: Commission of the European Communities (repre-
sented by: G. Zavvos and H. Støvlbæk)

Pleas in law and main arguments

Defendant: Hellenic Republic

The European Parliament raises four pleas in law in support of
its application: infringement of the EC treaty, the Council's lack
of competence to enact the provisions in question, breach of
an essential procedural requirement and, more precisely, failure
to state reasons for the contested provisions and breach of the
duty to cooperate in good faith.

By reserving to itself the adoption and amendment by the
consultation procedure of the minimum common list of third
countries regarded as safe countries of origin and of the list of
European safe third countries, the Council infringed the first
indent of Article 67(5) EC providing for passage to the co-deci-
sion procedure after the legislation defining the basic principles
and common rules in respect of the policy on asylum and refu-
gees has been adopted. The Council has no power to enact, in
secondary legislation, a legal basis for the adoption of succes-
sive acts of secondary legislation,
in so far as they do not
constitute implementing measures.

In addition, the Council has not stated reasons sufficient in law
for that reservation as to legislation contained in Articles 29(1)
and (2) and 36(3) of Directive 2005/85/EC, which constitutes a
breach of an essential procedural requirement. Finally,
the
Council failed to comply with the duty, under Article 10 EC, to
cooperate in good faith with the European Parliament, since

Form of order sought

The applicant asks the Court to

— declare that, by failing to bring into force the laws, regula-
tions and administrative provisions, as regards the profes-
sion of veterinary surgeon, that are necessary to comply
with Directive 2001/19/EC of the European Parliament and
of the Council of 14 May 2001 amending Council Direc-
tives 89/48/EEC and 92/51/EEC on the general system for
the recognition of professional qualifications and Council
Directives
78/686/EEC,
78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC,
80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and
93/16/EEC concerning the professions of nurse responsible
for general care, dental practitioner, veterinary surgeon,
midwife, architect, pharmacist and doctor (1), or in any
event by failing to inform the Commission thereof, the
Hellenic Republic has failed to fulfil its obligations under
Article 16 of that Directive;

77/452/EEC,

77/453/EEC,

— order the Hellenic Republic to pay the costs.