CELEX: 62014CN0044
Language: en
Date: 2014-01-27 00:00:00
Title: Case C-44/14: Action brought on 27 January 2014 — Kingdom of Spain v European Parliament and Council of the European Union

8.3.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 71/13
            
         
      Action brought on 27 January 2014 — Kingdom of Spain v European Parliament and Council of the European Union
      (Case C-44/14)
      (2014/C 71/22)
      Language of the case: Spanish
      
         Parties
      
      
         Applicant: Kingdom of Spain (represented by: A. Rubio González, Agent)
      
         Defendants: European Parliament and Council of the European Union
      
         Form of order sought
      
      The applicant claims that the Court should:
      
                  —
               
               
                  annul Article 19 of Regulation (EU) No 1052/2013 of the European Parliament and of the Council of 22 October 2013 (1) establishing the European Border Surveillance System (Eurosur);
               
            
                  —
               
               
                  order the European Parliament and Council of the European Union to pay the costs.
               
            
         Pleas in law and main arguments
      
      
         
            Infringement of Article 4 of the Schengen Protocol in conjunction with Article 5 thereof.
          Article 19 of the Eurosur Regulation establishes an ad hoc procedure for the participation of the United Kingdom and Ireland through cooperation agreements. It therefore establishes a procedure for the participation of those Member States distinct from that provided for in Article 4 of the Schengen Protocol, effectively placing the United Kingdom and Ireland in the position of a third country outside the European Union.
      
         (1)  OJ 2013 L 295, p. 11.