CELEX: 62010CA0137
Language: en
Date: 2011-05-05 00:00:00
Title: Case C-137/10: Judgment of the Court (Third Chamber) of 5 May 2011 (reference for a preliminary ruling from the Conseil d'État — Belgium) — European Communities v Région de Bruxelles-Capitale (Articles 207(2) EC and 282 EC — Representation of the European Communities before the national courts — Powers conferred on the Commission — Delegation of the power of representation to other Community institutions — Conditions)

25.6.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 186/6
            
         Judgment of the Court (Third Chamber) of 5 May 2011 (reference for a preliminary ruling from the Conseil d'État — Belgium) — European Communities v Région de Bruxelles-Capitale
   (Case C-137/10) (1)
   
   (Articles 207(2) EC and 282 EC - Representation of the European Communities before the national courts - Powers conferred on the Commission - Delegation of the power of representation to other Community institutions - Conditions)
   2011/C 186/10
   Language of the case: French
   
      Referring court
   
   Conseil d'État
   
      Parties to the main proceedings
   
   
      Applicant: European Communities
   
      Defendant: Région de Bruxelles-Capitale
   
      Re:
   
   Reference for a preliminary ruling — Conseil d’État — Interpretation of Articles 282 EC and the first subparagraph of 207(2) EC — Conditions for the Commission to delegate to another institution the powers to represent the Community in legal proceedings — Validity of the mandate in the absence of an appointment by name of the natural person having authority to represent the institution thus empowered — Jurisdiction of the national court to give judgment on the matter — Doubts relating to the validity of the representation of the Council in legal proceedings by its Deputy Secretary-General, who is responsible for the running of the General Secretariat — Respect of the principle of the organisational autonomy of the institutions
   
      Operative part of the judgment
   
   The mandate by which the European Commission delegated to another Community institution, in a dispute concerning the latter, the power accruing to the Commission under Article 282 EC to represent the European Communities before a national court was validly granted, regardless of whether that mandate specified by name a natural person as having authority to represent the institution thus empowered. In such cases, both the institution thus empowered and the natural person — if one were specified — were entitled to authorise a lawyer to represent the European Communities.
   
      (1)  OJ C 148, 5.6.2010.