CELEX: C2006/294/59
Language: en
Date: 2006-12-02 00:00:00
Title: Case C-411/06: Action brought on 9 October 2006 — Commission of the European Communities v European Parliament, Council of the European Union

2.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 294/34
            
         Action brought on 9 October 2006 — Commission of the European Communities v European Parliament, Council of the European Union
   (Case C-411/06)
   (2006/C 294/59)
   Language of the case: English
   Parties
   
      Applicant: Commission of the European Communities (represented by: M. Konstantinidis, M. Huttunen, Agents)
   
      Defendants: European Parliament, Council of the European Union
   The applicant claims that the Court should:
   
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               annul regulation (EC) No 1013/2006 (1) of the European Parliament and of the Council of 14 June 2006 on shipments of waste;
            
         
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               declare that the effects of the annulled regulation are definitive pending the replacement of the regulation within a reasonable period of time by an act adopted by the European Parliament and the Council on the correct legal basis of Articles 175(1) and 133 EC and justified accordingly in the recitals;
            
         
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               order European Parliament, Council of the European Union to pay the costs.
            
         Pleas in law and main arguments
   The Commission submits that its choice of a double legal basis was decided according to the parameters established by the case-law of the Court of Justice which are the aim and the content of the act. It was based on the appreciation that the regulation includes, both as regards the aims pursued and its contents, two linked components, neither of which can be regarded as secondary or indirect as compared with the other, one falling within the scope of the common commercial policy and the other within that of protection of the environment.
   The Commission considers that by basing the regulation solely on article 175(1) EC and deleting article 133 EC as its second legal basis, the European Parliament and the Council have acted in infringement of the Treaty. In accordance with article 231(1) EC, the annulment of the Regulation constitutes the appropriate remedy for this infringement.
   
      (1)  OJ L 190, p.1