CELEX: 62010CN0490
Language: en
Date: 2010-10-12 00:00:00
Title: Case C-490/10: Action brought on 12 October 2010 — European Parliament v Council of the European Union

15.1.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 13/18
            
         Action brought on 12 October 2010 — European Parliament v Council of the European Union
   (Case C-490/10)
   ()
   2011/C 13/30
   Language of the case: French
   
      Parties
   
   
      Applicant: European Parliament (represented by: M. Gómez-Leal, J. Rodrigues, L. Visaggio, acting as Agents)
   
      Defendant: Council of the European Union
   
      Form of order sought
   
   
               —
            
            
               Annul Council Regulation (EU, Euratom) No 617/2010 of 24 June 2010 concerning the notification to the Commission of investment projects in energy infrastructure within the European Union and repealing Regulation (EC) No 736/96; (1)
               
            
         
               —
            
            
               Order the Council of the European Union to pay the costs.
            
         
      Pleas in law and main arguments
   
   By its action, the European Parliament seeks the annulment of Regulation (EU, Euratom) No 617/2010 of 24 June 2010 by which the Council established a common framework for the notification to the Commission of information on investment projects in energy infrastructure. The regulation was adopted by the Council on the dual legal basis of Articles 337 TFEU and 187 EA. According to the Parliament, the Council’s choice of legal basis is erroneous because the measures covered by the contested regulation fall within the energy responsibilities of the Union which are specifically governed by Article 194 TFEU. Those measures should, therefore, have been adopted on the basis of Article 194(2) TFEU in accordance with the ordinary legislative procedure laid down in that provision, instead of on the basis of Article 337 TFEU, which does not provide for any involvement by the Parliament. In addition, the Parliament takes the view that it was not necessary to rely also on Article 187 EA in order to adopt the measures at issue.
   
      (1)  OJ 2010 L 180, p. 7.