CELEX: 62007CA0155
Language: en
Date: 2008-11-06 00:00:00
Title: Case C-155/07: Judgment of the Court (Third Chamber) of 6 November 2008 — European Parliament v Council of the European Union (Action for annulment — Decision 2006/1016/EC — Community guarantee to the European Investment Bank against losses under loans and loan guarantees for projects outside the Community — Choice of legal basis — Article 179 EC — Article 181a EC — Compatibility)

20.12.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 327/2
            
         Judgment of the Court (Third Chamber) of 6 November 2008 — European Parliament v Council of the European Union
   (Case C-155/07) (1)
   
   (Action for annulment - Decision 2006/1016/EC - Community guarantee to the European Investment Bank against losses under loans and loan guarantees for projects outside the Community - Choice of legal basis - Article 179 EC - Article 181a EC - Compatibility)
   (2008/C 327/03)
   Language of the case: French
   Parties
   
      Applicant: European Parliament (represented by: R. Passos, A. Baas and D. Gauci, acting as Agents)
   
      Defendant: Council of the European Union (represented by: M. Arpio Santacruz, M. Sims and D. Canga Fano, acting as Agents)
   
      Intervener in support of the defendant: Commission of the European Communities (represented by A. Aresu and F. Dintilhac, acting as Agents)
   Re:
   Action for annulment — Council Decision 2006/1016/EC of 19 December 2006 granting a Community guarantee to the European Investment Bank against losses under loans and loan guarantees for projects outside the Community (OJ 2006 L 414, p. 95) — Choice of legal basis — Article 181a EC — Decision essentially concerning developing countries — Need to have recourse to a dual legal basis — Articles 179 EC and 181a EC
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Annuls Council Decision 2006/1016/EC of 19 December 2006 granting a Community guarantee to the European Investment Bank against losses under loans and loan guarantees for projects outside the Community;
            
         
               2.
            
            
               Orders that the effects of Decision 2006/1016 be maintained for European Investment Bank financing arrangements entered into before the entry into force, within a period of 12 months from the date of delivery of this judgment, of a new decision adopted on the appropriate legal basis, namely Articles 179 EC and 181a EC together;
            
         
               3.
            
            
               Orders the Council of the European Union to pay the costs except those of the Commission of the European Communities;
            
         
               4.
            
            
               Orders the Commission of the European Communities to bear its own costs.
            
         
      (1)  OJ C 155, 7.7.2007.