H v Council of the European Union and Others.
Date: 2016-07-19
31


The Commission, referring to the judgments of 27 February 2007 in Segi and Others v Council (C‑355/04 P, EU:C:2007:116, paragraphs 51 to 54), and 24 June 2014 in Parliament v Council (C‑658/11, EU:C:2014:2025, paragraph 70), contends that the final sentence of the second subparagraph of Article 24(1) TEU and the first paragraph of Article 275 TFEU do not mean that all acts adopted in the context of the CFSP automatically fall outside the jurisdiction of the EU judicature. As the limitation on the Court’s jurisdiction in relation to the CFSP is a derogation from the rule of general jurisdiction laid down in Article 19 TEU, it should be narrowly construed. The interpretation adopted by the General Court that it lacked jurisdiction for the sole reason that the contested decisions were taken by a body set up by a measure adopted pursuant to Chapter 2 of Title V of the EU Treaty is contrary to the wording, the general scheme and the objectives of those provisions of the Treaties.
39


Pursuant to the final sentence of the second subparagraph of Article 24(1) TEU and the first paragraph of Article 275 TFEU, the Court does not, in principle, have jurisdiction with respect to the provisions relating to the CFSP or with respect to acts adopted on the basis of those provisions (judgments of 24 June 2014 in Parliament v Council, C‑658/11, EU:C:2014:2025, paragraph 69, and 12 November 2015 in Elitaliana v Eulex Kosovo, C‑439/13 P, EU:C:2015:753, paragraph 41).
40


However, the aforementioned provisions introduce a derogation from the rule of general jurisdiction which Article 19 TEU confers on the Court to ensure that in the interpretation and application of the Treaties the law is observed, and they must, therefore, be interpreted narrowly (judgments of 24 June 2014 in Parliament v Council, C‑658/11, EU:C:2014:2025, paragraph 70, and 12 November 2015 in Elitaliana v Eulex Kosovo, C‑439/13 P, EU:C:2015:753, paragraph 42).
41


In that regard, it must be noted that, as is apparent from both Article 2 TEU, which is included in the common provisions of the EU Treaty, and Article 21 TEU, concerning the European Union’s external action, to which Article 23 TEU, relating to the CFSP, refers, the European Union is founded, in particular, on the values of equality and the rule of law (see, to that effect, in particular, judgment of 27 February 2007 in Segi and Others v Council, C‑355/04 P, EU:C:2007:116, paragraph 51, and Opinion 2/13 of 18 December 2014, EU:C:2014:2454, paragraphs 168 and 169). The very existence of effective judicial review designed to ensure compliance with provisions of EU law is inherent in the existence of the rule of law (see judgment of 6 October 2015 in Schrems, C‑362/14, EU:C:2015:650, paragraph 95 and the case-law cited).
43


However, such a circumstance does not necessarily lead to the jurisdiction of the EU judicature being excluded (see, to that effect, judgments of 24 June 2014 in Parliament v Council, C‑658/11, EU:C:2014:2025, paragraphs 69 to 74, and 12 November 2015 in Elitaliana v Eulex Kosovo, C‑439/13 P, EU:C:2015:753, paragraphs 43 to 50).
55


In those circumstances, the scope of the limitation, by way of derogation, on the Court’s jurisdiction, which is laid down in the final sentence of the second subparagraph of Article 24(1) TEU and in the first paragraph of Article 275 TFEU, cannot be considered to be so extensive as to exclude the jurisdiction of the EU judicature to review acts of staff management relating to staff members seconded by the Member States the purpose of which is to meet the needs of that mission at theatre level, when the EU judicature has, in any event, jurisdiction to review such acts where they concern staff members seconded by the EU institutions (see, by analogy, judgments of 24 June 2014 in Parliament v Council, C‑658/11, EU:C:2014:2025, paragraph 73, and 12 November 2015 in Elitaliana v Eulex Kosovo, C‑439/13 P, EU:C:2015:753, paragraph 49).