CELEX: C2000/135/19
Language: en
Date: 2000-05-13 00:00:00
Title: Removal from the register of Case C-152/99

C 135/10              EN                  Official Journal of the European Communities                                          13.5.2000
— in the affirmative, maintain the effects of the annulled                for a compulsory beef-labelling system’ within the pre-
    regulation in force until the Parliament and the Council              scribed period.
    adopt a new measure in accordance with Article 152 EC;
                                                                     (1) OJ 1999 L 334, p. 1.
                                                                     (2) Council Regulation (EC) No 820/97 of 21 April 1997 establishing
— order the Council to pay the costs.                                    a system for the identification and registration of bovine animals
                                                                         and regarding the labelling of beef and beef products (OJ 1997
                                                                         L 117, p. 1).
Pleas in law and main arguments
— Lack of power on the part of the Council: Regulation               Removal from the register of Joined Cases C-400/97, C-
    No 2772/99 is based on Article 19 of Regulation (EC)                                  401/97 and C-402/97 (1)
    No 820/97(2), whereby, in accordance with the third
    indent of Article 202 EC, the Council reserved the right                                  (2000/C 135/18)
    to exercise implementing powers directly. In adopting
    Regulation No 2772/99, however, the Council altered the          By order of 16 February 2000 the President of the Court of
    temporal application of Regulation (EC) No 820/97 and            Justice of the European Communities has ordered the removal
    thus acted outside its implementing power, which contains        from the register of Joined Cases C-400/97, C-401/97 and C-
    neither the power to extend the application of the volun-        402/97 (reference for a preliminary ruling from the Tribunal
    tary labelling system beyond 31 December 1999 nor the            Superior de Justicia del Paı́s Vasco): Administración del Estado
    power to postpone the introduction of the compulsory             v Juntas Generales de Guipuzcoa and Others.
    beef-labelling system.
                                                                     (1) OJ C 41 of 7.2.1998.
— Infringement of the prerogatives of the European Parlia-
    ment: By the contested regulation, the Council effectively
    altered the substance of Regulation (EC) No 820/97. By
    adopting it on the basis of Article 19 of Regulation (EC)
    No 820/97 rather than doing so in accordance with Article               Removal from the register of Case C-152/99 (1)
    152 EC, the Council excluded the participation of the
                                                                                              (2000/C 135/19)
    European Parliament in the codecision and thus infringed
    the Parliament’s prerogatives.                                   By order of 21 February 2000 the President of the Court of
                                                                     Justice of the European Communities has ordered the removal
— Infringement of Regulation (EC) No 829/97: The Council             from the register of Case C-152/99: Commission of the
    failed to comply with the obligations imposed by Article         European Communities v Ireland.
    19 of Regulation (EC) No 820/97 itself by not adopting
    the implementation measures consisting of ‘general rules         (1) OJ C 188 of 3.7.1998.