Action brought on 21 February 2005 by the European Commission against the Council of the European Union

(Case C-91/05)

(2005/C 115/19)

Language of the case: English

An action against the Council of the European Union was brought before the Court of Justice of the European Communities on 21 February 2005 by the European Commission, represented by Pieter Jan Kuijper and Johan Enegren acting as Agents, with an address for service in Luxembourg.

The applicant claims that the Court should:

Pleas in law and main arguments:

The Commission is seeking the annulment for lack of competence under Article 230, second paragraph, of the EC Treaty of Council Decision 2004/833/CFSP of 2 December 2004 implementing Joint Action 2002/589/CFSP with a view to a European Union contribution to ECOWAS in the framework of the Moratorium on Small Arms and Light Weapons. The Council took this Decision under Title V of the Treaty on European Union, whereas Article 11(3) of the Cotonou agreement covers actions inter alia against the spread of small arms and light weapons. Moreover, the Commission had concluded pursuant to Article 10(2) of Annex 1V of the Cotonou agreement a Regional Indicative Programme for West Africa with the Economic Community of West African States (ECOWAS) and the West African Economic and Monetary Union (WAEMU), which gives support to a regional policy of conflict prevention and good governance, and announces support in particular for the moratorium on the import, export and production of light weapons in West Africa. Thus the impugned CFSP decision is in infringement of Article 47 TEU, since it affects Community powers in the field of development aid.

In addition, the Commission is seeking a declaration of illegality under Article 241 EC Treaty of Council Joint Action 2002/589/CFSP of 12 July 2002, and in particular Title II thereof, on the same basis and for the same reasons. Joint Action 2002/589/CFSP is an act of a general legislative nature on which the CFSP Decision is based, of which the annulment for lack of competence is sought. Hence that Joint Action, and more specifically Title II thereof should be declared inapplicable in the present case.

(1)  Council Decision 2004/833/CFSP of 2 December 2004 implementing Joint Action 2002/589/CFSP with a view to a European Union contribution to ECOWAS in the framework of the Moratorium on Small Arms and Light Weapons, OJ L 359, 04.12.2004, p. 65.

(2)  Council Joint Action 2002/589/CFSP of 12 July 2002 on the European Union's contribution to combating the destabilising accumulation and spread of small arms and light weapons and repealing Joint Action 1999/34/CFSP, OJ L 191, 19.07.2002, p. 1.