Case C-43/12: Judgment of the Court (Grand Chamber) of 6 May 2014  — European Commission v European Parliament, Council of the European Union (Action for annulment — Directive 2011/82/EU — Cross-border exchange of information on road safety related traffic offences — Choice of legal basis — Article 87(2)(a) TFEU — Article 91 TFEU — Maintenance of the effects of the directive in case of annulment)
Date: 2014-05-06
Institutions: Court of Justice
Subjects: EU police cooperation, common transport policy, cross-frontier data flow, exchange of information, legal basis, road safety, traffic offence








C_2014202EN.01000201.xml










30.6.2014   


EN


Official Journal of the European Union


C 202/2





Judgment of the Court (Grand Chamber) of 6 May 2014 — European Commission v European Parliament, Council of the European Union
(Case C-43/12) (1)

((Action for annulment - Directive 2011/82/EU - Cross-border exchange of information on road safety related traffic offences - Choice of legal basis - Article 87(2)(a) TFEU - Article 91 TFEU - Maintenance of the effects of the directive in case of annulment))
2014/C 202/02
Language of the case: French

Parties


Applicant: European Commission (represented by: T. van Rijn and R. Troosters, acting as Agents)

Defendants: European Parliament (represented by: F. Drexler and A. Troupiotis and by K. Zejdová, acting as Agents), Council of the European Union (represented by: J. Monteiro and E. Karlsson, acting as Agents)

Interveners in support of the defendant: Kingdom of Belgium (represented by: J.-C. Halleux, T. Materne, acting as Agents, and by S. Rodrigues and F. Libert, avocats, Ireland (represented by: E. Creedon, acting as Agent, and by N. Travers, Barrister-at-Law), Hungary (represented by: M.Z. Fehér and by K. Szíjjártó and K. Molnár, acting as Agents), Republic of Poland (represented by: B. Majczyna and M. Szpunar, acting as Agents), Slovak Republic (represented by: B. Ricziová, acting as Agent), Kingdom of Sweden (represented by: A. Falk and C. Stege, acting as Agents), United Kingdom of Great Britain and Northern Ireland (represented by: C. Murrell and S. Behzadi-Spencer, acting as Agents, and by J. Maurici and J. Holmes, Barristers)

Re:

Action for annulment — Directive 2011/82/EU of the European Parliament and of the Council of 25 October 2011 facilitating the cross-border exchange of information on road safety related traffic offences (OJ 2011 L 288, p. 1) — Choice of legal basis — Replacement of the proposed legal basis in the field of common transport policy by another, in the field of police cooperation — Objectives of improving road safety — Maintaining the effects of the directive in the event of annulment

Operative part of the judgment

The Court:






1.


Annuls Directive 2011/82/EU of the European Parliament and of the Council of 25 October 2011 facilitating the cross-border exchange of information on road safety related traffic offences;










2.


Maintains the effects of Directive 2011/82 until the entry into force within a reasonable period of time — which may not exceed 12 months as from the date of delivery of the present judgment — of a new directive based on the correct legal basis, that is to say, Article 91(1)(c) TFEU;










3.


Orders the European Parliament and the Council of the European Union to pay the costs;










4.


Orders the Kingdom of Belgium, Ireland, Hungary, the Republic of Poland, the Slovak Republic, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.






(1)  OJ C 98, 31.3.2012.