CELEX: C2006/010/29
Language: en
Date: 2006-01-14 00:00:00
Title: Case C-403/05: Action brought on  17 November 2005  by the European Parliament against the Commission of the European Communities

14.1.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 10/14
            
         Action brought on 17 November 2005 by the European Parliament against the Commission of the European Communities
   (Case C-403/05)
   (2006/C 10/29)
   Language of the case: French
   An action against the Commission of the European Communities was brought before the Court of Justice of the European Communities on 17 November 2005 by the European Parliament, represented by R. Passos, E. Waldherr, and K. Lindahl, acting as Agents.
   The European Parliament claims that the Court should:
   
               1.
            
            
               annul the decision approving a project on the security of the borders of the Philippines, to be financed by budgetary line 19 10 02 of the general budget of the European Communities (Philippine Border Management Project; No ASIA/2004/016-924), adopted in compliance with Regulation (EEC) No 443/92 on financial and technical assistance to, and economic cooperation with, the developing countries in Asia and Latin America (1);
            
         
               2.
            
            
               order the Commission to pay the costs.
            
         Pleas in law and main arguments
   The European Parliament requests the annulment of the Commission's decision on the grounds that the Commission has exceeded its powers.
   The main aim of the contested decision is to combat terrorism by implementing United Nations Security Council Resolution 1373 (2001) on the fight against terrorism. By contrast, the aim of Regulation No 443/92 is to aid development by means of financial, technical and economic cooperation. The powers of execution delegated by that basic act give the Commission responsibility for ensuring the management of the financial and technical assistance, and for economic cooperation. A measure intended to help the government of the Philippines make its borders more secure, with the aim of combating terrorism, exceeds the powers of execution provided for in the basic act and is therefore illegal.
   The contested decision has not been published in the Official Journal. The European Parliament did not receive notice of its full text until 9 September 2005.
   
      (1)  OJ L 52, 27.02.1992, p. 1