CELEX: 62011CA0077
Language: en
Date: 2013-09-17 00:00:00
Title: Case C-77/11: Judgment of the Court (Grand Chamber) of 17 September 2013 — Council of the European Union v European Parliament (Action for annulment — Definitive adoption of the European Union’s general budget for the financial year 2011 — Act of the President of the Parliament declaring that the budget has been definitively adopted — Article 314(9) TFEU — Establishment by the Parliament and the Council of the European Union’s annual budget — Article 314, introductory paragraph, TFEU — Principle of institutional balance — Principle that the institutions must act within the limits of their powers — Duty to cooperate in good faith — Compliance with essential procedural requirements)

9.11.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 325/2
            
         Judgment of the Court (Grand Chamber) of 17 September 2013 — Council of the European Union v European Parliament
   (Case C-77/11) (1)
   
   (Action for annulment - Definitive adoption of the European Union’s general budget for the financial year 2011 - Act of the President of the Parliament declaring that the budget has been definitively adopted - Article 314(9) TFEU - Establishment by the Parliament and the Council of the European Union’s annual budget - Article 314, introductory paragraph, TFEU - Principle of institutional balance - Principle that the institutions must act within the limits of their powers - Duty to cooperate in good faith - Compliance with essential procedural requirements)
   2013/C 325/02
   Language of the case: French
   
      Parties
   
   
      Applicant: Council of the European Union (represented by: G. Maganza and M. Vitsentzatos, Agents)
   
      Defendant: European Parliament (represented by: C. Pennera, R. Passos, D. Gauci and R. Crowe, Agents)
   
      Intervener in support of the applicant: Kingdom of Spain (represented by: N. Díaz Abad, Agent)
   
      Re:
   
   Action for annulment — Act of the President of the European Parliament of 14 December 2010 establishing the annual budget of the European Union for the financial year 2011 — Choice of legal basis — Failure of that non-typical and non-legislative act to comply with the new budget procedure introduced by the TFEU — Failure to respect the institutional balance — Breach of the principle of the conferment of powers and the duty of sincere cooperation — Breach of essential procedural requirements — Temporary maintenance of the effects of the budget
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action
            
         
               2.
            
            
               Orders the Council of the European Union to pay the costs.
            
         
               3.
            
            
               Orders the Kingdom of Spain to bear its own costs.
            
         
      (1)  OJ C 120, 16.4.2011.