Council of the European Union v European Commission.
Date: 2015-04-14
64. Under Article 13(2) TEU, each EU institution is to act within the limits of the powers conferred on it in the Treaties, and in conformity with the procedures, conditions and objectives set out in them. That provision reflects the principle of institutional balance, characteristic of the institutional structure of the European Union (see judgment in Meroni  v High Authority , 9/56, EU:C:1958:7, p. 152), a principle which requires that each of the institutions must exercise its powers with due regard for the powers of the other institutions (see, to this effect, judgments in Parliament  v Council , C‑70/88, EU:C:1990:217, paragraph 22, and Parliament  v Council , C‑133/06, EU:C:2008:257, paragraph 57).
70. The power of legislative initiative accorded to the Commission by Articles 17(2) TEU and 289 TFEU means that it is for the Commission to decide whether or not to submit a proposal for a legislative act, except in the situation, not material to the present case, where it would be obliged under EU law to submit such a proposal. By virtue of that power, if a proposal for a legislative act is submitted it is also for the Commission, which, in accordance with Article 17(1) TEU, is to promote the general interest of the European Union and take appropriate initiatives to that end, to determine the subject-matter, objective and content of that proposal.
72. First, Article 293(1) TFEU provides that, except in the cases referred to in the provisions of the FEU Treaty mentioned by it, where, pursuant to the Treaties, the Council acts on a proposal from the Commission, it may amend that proposal only by acting unanimously.
78. The judicial review which the Court must be able to carry out if, as in this instance, an action for annulment is brought consequently justifies the requirement that a decision such as the contested decision be taken in compliance with the obligation to state reasons (see, to this effect, judgment in Commission  v Council , C‑370/07, EU:C:2009:590, paragraph 42).
79. In accordance with settled case-law, the question whether the statement of reasons for a decision meets the requirements of Article 296 TFEU must be assessed with regard not only to its wording but also to its context (see, to this effect, judgments in Delacre and Others  v Commission , C‑350/88, EU:C:1990:71, paragraph 16 and the case-law cited, and Council  v Bamba , C‑417/11 P, EU:C:2012:718, paragraph 53 and the case-law cited). In particular, the reasons given for a measure adversely affecting persons are sufficient if that measure was adopted in a context which was known to them (see, to this effect, judgment in Council v Bamba , C‑417/11 P, EU:C:2012:718, paragraph 54 and the case-law cited).
83. It must be accepted that, where an amendment planned by the Parliament and the Council distorts the proposal for a legislative act in a manner which prevents achievement of the objectives pursued by the proposal and which, therefore, deprives it of its raison d’être , the Commission is entitled to withdraw it. It may, however, do so only after having due regard, in the spirit of sincere cooperation which, pursuant to Article 13(2) TEU, must govern relations between EU institutions in the context of the ordinary legislative procedure (see, to this effect, judgment in Parliament  v Council , C‑65/93, EU:C:1995:91, paragraph 23), to the concerns of the Parliament and the Council underlying their intention to amend that proposal.