CELEX: 62017CA0482
Language: en
Date: 2019-12-03 00:00:00
Title: Case C-482/17: Judgment of the Court (Grand Chamber) of 3 December 2019 — Czech Republic v European Parliament, Council of the European Union (Action for annulment — Approximation of laws — Directive (EU) 2017/853 — Control of the acquisition and possession of weapons — Validity — Legal basis — Article 114 TFEU — Amendment of an existing directive — Principle of proportionality — Absence of impact assessment — Interference with the right to property — Proportionality of the measures adopted — Measures creating barriers in the internal market — Principle of legal certainty — Principle of the protection of legitimate expectations — Measures obliging Member States to adopt legislation with retroactive effect — Principle of non-discrimination — Derogation for the Swiss Confederation — Discrimination affecting Member States of the European Union or Member States of the European Free Trade Association (EFTA) other than that State)

3.2.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 36/2
            
         
      Judgment of the Court (Grand Chamber) of 3 December 2019 — Czech Republic v European Parliament, Council of the European Union
      (Case C-482/17) (1)
      
      (Action for annulment - Approximation of laws - Directive (EU) 2017/853 - Control of the acquisition and possession of weapons - Validity - Legal basis - Article 114 TFEU - Amendment of an existing directive - Principle of proportionality - Absence of impact assessment - Interference with the right to property - Proportionality of the measures adopted - Measures creating barriers in the internal market - Principle of legal certainty - Principle of the protection of legitimate expectations - Measures obliging Member States to adopt legislation with retroactive effect - Principle of non-discrimination - Derogation for the Swiss Confederation - Discrimination affecting Member States of the European Union or Member States of the European Free Trade Association (EFTA) other than that State)
      (2020/C 36/02)
      Language of the case: Czech
      
         Parties
      
      
         Applicant: Czech Republic (represented by: M. Smolek, O. Serdula and J. Vláčil, acting as Agents)
      
         Interveners in support of the applicant: Hungary (represented by: M.Z. Fehér, G. Koós and G. Tornyai, acting as Agents), Republic of Poland (represented by: B. Majczyna, M. Wiącek and D. Lutostańska, acting as Agents)
      
         Defendants: European Parliament (represented by: O. Hrstková Šolcová and R. van de Westelaken, acting as Agents), Council of the European Union (represented by: initially by A. Westerhof Löfflerová, E. Moro and M. Chavrier, subsequently by A. Westerhof Löfflerová and M. Chavrier, acting as Agents)
      
         Interveners in support of the defendants: French Republic (represented by: A. Daly, E. de Moustier, R. Coesme and D. Colas, acting as Agents), European Commission, (represented by: M. Šimerdová, Y.G. Marinova and E. Kružíková, acting as Agents)
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Dismisses the action;
               
            
                  2.
               
               
                  Orders the Czech Republic to pay, in addition to its own costs, the costs incurred by the European Parliament and the Council of the European Union;
               
            
                  3.
               
               
                  Orders the French Republic, Hungary, the Republic of Poland and the European Commission to bear their own costs.
               
            
         (1)  OJ C 357, 23.10.2017.