This document is an excerpt from the EUR-Lex website
Document 62007CA0155
Case C-155/07: Judgment of the Court (Third Chamber) of 6 November 2008 — European Parliament v Council of the European Union (Action for annulment — Decision 2006/1016/EC — Community guarantee to the European Investment Bank against losses under loans and loan guarantees for projects outside the Community — Choice of legal basis — Article 179 EC — Article 181a EC — Compatibility)
Case C-155/07: Judgment of the Court (Third Chamber) of 6 November 2008 — European Parliament v Council of the European Union (Action for annulment — Decision 2006/1016/EC — Community guarantee to the European Investment Bank against losses under loans and loan guarantees for projects outside the Community — Choice of legal basis — Article 179 EC — Article 181a EC — Compatibility)
Case C-155/07: Judgment of the Court (Third Chamber) of 6 November 2008 — European Parliament v Council of the European Union (Action for annulment — Decision 2006/1016/EC — Community guarantee to the European Investment Bank against losses under loans and loan guarantees for projects outside the Community — Choice of legal basis — Article 179 EC — Article 181a EC — Compatibility)
OJ C 327, 20.12.2008, p. 2–3
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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20.12.2008 |
EN |
Official Journal of the European Union |
C 327/2 |
Judgment of the Court (Third Chamber) of 6 November 2008 — European Parliament v Council of the European Union
(Case C-155/07) (1)
(Action for annulment - Decision 2006/1016/EC - Community guarantee to the European Investment Bank against losses under loans and loan guarantees for projects outside the Community - Choice of legal basis - Article 179 EC - Article 181a EC - Compatibility)
(2008/C 327/03)
Language of the case: French
Parties
Applicant: European Parliament (represented by: R. Passos, A. Baas and D. Gauci, acting as Agents)
Defendant: Council of the European Union (represented by: M. Arpio Santacruz, M. Sims and D. Canga Fano, acting as Agents)
Intervener in support of the defendant: Commission of the European Communities (represented by A. Aresu and F. Dintilhac, acting as Agents)
Re:
Action for annulment — Council Decision 2006/1016/EC of 19 December 2006 granting a Community guarantee to the European Investment Bank against losses under loans and loan guarantees for projects outside the Community (OJ 2006 L 414, p. 95) — Choice of legal basis — Article 181a EC — Decision essentially concerning developing countries — Need to have recourse to a dual legal basis — Articles 179 EC and 181a EC
Operative part of the judgment
The Court:
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1. |
Annuls Council Decision 2006/1016/EC of 19 December 2006 granting a Community guarantee to the European Investment Bank against losses under loans and loan guarantees for projects outside the Community; |
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2. |
Orders that the effects of Decision 2006/1016 be maintained for European Investment Bank financing arrangements entered into before the entry into force, within a period of 12 months from the date of delivery of this judgment, of a new decision adopted on the appropriate legal basis, namely Articles 179 EC and 181a EC together; |
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3. |
Orders the Council of the European Union to pay the costs except those of the Commission of the European Communities; |
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4. |
Orders the Commission of the European Communities to bear its own costs. |