Case C-482/17: Judgment of the Court (Grand Chamber) of 3 December 2019 — Czech Republic v European Parliament, Council of the European Union (Action for annulment — Approximation of laws — Directive (EU) 2017/853 — Control of the acquisition and possession of weapons — Validity — Legal basis — Article 114 TFEU — Amendment of an existing directive — Principle of proportionality — Absence of impact assessment — Interference with the right to property — Proportionality of the measures adopted — Measures creating barriers in the internal market — Principle of legal certainty — Principle of the protection of legitimate expectations — Measures obliging Member States to adopt legislation with retroactive effect — Principle of non-discrimination — Derogation for the Swiss Confederation — Discrimination affecting Member States of the European Union or Member States of the European Free Trade Association (EFTA) other than that State)
Date: 2019-12-03
Institutions: Court of Justice
Subjects: Switzerland, approximation of laws, arms control, arms trade, equal treatment, ownership, personal weapon, principle of legal certainty, principle of proportionality, retroactivity of a law








C_2020036EN.01000201.xml










3.2.2020   


EN


Official Journal of the European Union


C 36/2






Judgment of the Court (Grand Chamber) of 3 December 2019 — Czech Republic v European Parliament, Council of the European Union
(Case C-482/17) (1)

(Action for annulment - Approximation of laws - Directive (EU) 2017/853 - Control of the acquisition and possession of weapons - Validity - Legal basis - Article 114 TFEU - Amendment of an existing directive - Principle of proportionality - Absence of impact assessment - Interference with the right to property - Proportionality of the measures adopted - Measures creating barriers in the internal market - Principle of legal certainty - Principle of the protection of legitimate expectations - Measures obliging Member States to adopt legislation with retroactive effect - Principle of non-discrimination - Derogation for the Swiss Confederation - Discrimination affecting Member States of the European Union or Member States of the European Free Trade Association (EFTA) other than that State)
(2020/C 36/02)
Language of the case: Czech

Parties


Applicant: Czech Republic (represented by: M. Smolek, O. Serdula and J. Vláčil, acting as Agents)

Interveners in support of the applicant: Hungary (represented by: M.Z. Fehér, G. Koós and G. Tornyai, acting as Agents), Republic of Poland (represented by: B. Majczyna, M. Wiącek and D. Lutostańska, acting as Agents)

Defendants: European Parliament (represented by: O. Hrstková Šolcová and R. van de Westelaken, acting as Agents), Council of the European Union (represented by: initially by A. Westerhof Löfflerová, E. Moro and M. Chavrier, subsequently by A. Westerhof Löfflerová and M. Chavrier, acting as Agents)

Interveners in support of the defendants: French Republic (represented by: A. Daly, E. de Moustier, R. Coesme and D. Colas, acting as Agents), European Commission, (represented by: M. Šimerdová, Y.G. Marinova and E. Kružíková, acting as Agents)

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Czech Republic to pay, in addition to its own costs, the costs incurred by the European Parliament and the Council of the European Union;










3.


Orders the French Republic, Hungary, the Republic of Poland and the European Commission to bear their own costs.






(1)  OJ C 357, 23.10.2017.