Action brought on 7 February 2013 — European Parliament v European Commission

(Case C-65/13)

2013/C 108/36

Language of the case: French

Parties

Applicant: European Parliament (represented by: A. Tamás and J. Rodrigues, acting as Agents)

Defendant: European Commission

Form of order sought

Pleas in law and main arguments

In support of its action for annulment, the European Parliament raises a single plea in law, alleging infringement of Article 38 of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union. (1) By adopting the contested decision, the Commission has misused the powers conferred upon it by the European Union legislature.

Article 38 of that regulation confers only implementing powers on the Commission, the limits of which are set out in Article 291 TFEU. In the view of the Parliament, that article must be interpreted as meaning that it precludes the adoption of acts of general application which supplement certain non-essential elements of the legislative act. Only legislative acts or delegated acts within the meaning of Article 290 TFEU may supplement non-essential elements of a basic act.

The act adopted by the Commission, being an implementing act within the meaning of Article 291 TFEU, also supplements certain non-essential elements of Regulation (EU) No 492/2011. Accordingly, the Parliament submits that, if it is necessary to supplement non-essential elements of Regulation (EU) No 492/2011, the Commission, in the absence of powers to adopt delegated acts within the meaning of Article 290 TFEU, ought to have made a proposal to the legislature supplementing or amending the basic act.

(1)  Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ 2011 L 141, p. 1).