CELEX: C2006/131/16
Language: en
Date: 2006-06-03 00:00:00
Title: Case C-122/04: Judgment of the Court (First Chamber) of  23 February 2006  — Commission of the European Communities v European Parliament, Council of the European Union (Powers of the Commission — Procedures for the exercise of implementing powers — Implementation of the Forest Focus programme)

3.6.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 131/9
            
         Judgment of the Court (First Chamber) of 23 February 2006 — Commission of the European Communities v European Parliament, Council of the European Union
   (Case C-122/04) (1)
   
   (Powers of the Commission - Procedures for the exercise of implementing powers - Implementation of the Forest Focus programme)
   (2006/C 131/16)
   Language of the case: French
   Parties
   
      Applicant: Commission of the European Communities (represented by C.-F. Durand and M. van Beek, acting as Agents)
   
      Defendants: European Parliament (represented by K. Bradley and M. Gómez-Leal), Council of the European Union (represented by I. Díez Parra and M. Balta, acting as Agents)
   
      Interveners: Kingdom of Spain (represented by M. Muñoz Pérez, Agent), Republic of Finland (represented by T. Pynnä, Agent)
   
      Re:
   Annulment of Article 17(2) of Regulation (EC) No 2152/2003 of the European Parliament and of the Council of 17 November 2003 concerning monitoring of forests and environmental interactions in the Community (Forest Focus) (OJ 2003 L 324, p. 1), in so far as it makes the adoption of the implementing measures for the Forest Focus Programme subject to the regulatory procedure set out in Article 5 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ 1999 L 184, p. 23) — Limit on the Council's choice between the implementing procedures laid down by Decision 1999/468/EC
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders the Commission of the European Communities to pay the costs;
            
         
               3.
            
            
               Orders the Kingdom of Spain and the Republic of Finland to bear their own costs.
            
         
      (1)  OJ C 94, 17.04.2004.