Action brought on 20 August 2025 – European Parliament v Council of the European Union

(Case C-560/25)

(C/2025/5209)

Language of the case: English

Parties

Applicant: European Parliament (represented by: F. Drexler, L. Visaggio, A. Tamás, R. Crowe and O. Denkov, agents)

Defendant: Council of the European Union

The applicant claims that the Court should:

Pleas in law and main arguments

The Applicant puts forward two pleas in law in support of its application.

First plea in law, alleging that the contested act is incorrectly based on Article 122 TFEU. The Applicant submits that in application of the relevant case-law concerning the choice of the legal basis, and in the light of its aim and content, the contested act does not satisfy the conditions for relying upon Article 122 TFEU, and it concerns instead the development of the Union’s industrial policy in the field of defence pursuant to Article 173 TFEU.

Second plea in law, alleging an infringement of the duty to state reasons. The Applicant submits that the Council has failed, in violation of Article 296 TFEU, to adequately state the reasons justifying the choice of the legal basis for the contested act. In particular, the reasoning provided by the Council is not sufficient to ascertain whether the contested act could correctly be based on Article 122 TFEU.

(1)   OJ L, 2025/1106, 28.5.2025.