CELEX: C2004/273/46
Language: en
Date: 2004-11-06 00:00:00
Title: Case C-413/04: Action brought on 27 September 2004 by the European Parliament against the Council of the European Union

6.11.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 273/25
            
         Action brought on 27 September 2004 by the European Parliament against the Council of the European Union
   (Case C-413/04)
   (2004/C 273/46)
   An action against the Council of the European Union was brought before the Court of Justice of the European Communities on 27 September 2004 by the European Parliament, represented by A. Baas and U. Rösslein, acting as Agents, with an address for service in Luxembourg.
   The European Parliament claims that the Court should:
   
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               annul Council Directive 2004/85/EC of 28 June 2004 amending Directive 2003/54/EC of the European Parliament and of the Council as regards the application of certain provisions to Estonia; (1)
               
            
         
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               order the Council to pay all the costs.
            
         Pleas in law and main arguments:
   Article 57 of the Act of Accession 2003 is not the appropriate legal basis for the adoption of the disputed directive. The purpose of that provision is to adapt Community legislation by reason of accession and to apply to the new Member States Community acts which have not been adapted by the Act of Accession itself. Accordingly, further amendments cannot be based on Article 57 of the act. That provision cannot be used to introduce derogations to Community acts, particularly those which go beyond those expressly granted by and delimited in the Act of Accession.
   There has been a failure to give sufficient reasons for the disputed directive, as the justification for using Article 57 of the Act of Accession 2003 as a legal basis is not in any way apparent from the recitals in the preamble to and the other provisions of the directive.
   
      (1)  OJ L 236 of 7.7.2004, p. 10.