Judgment of the Court (Fourth Chamber) of 27 March 2019 — European Commission v Federal Republic of Germany

(Case C-620/16) (1)

(Failure of a Member State to fulfil obligations - Article 258 TFEU - Decision 2014/699/EU - Principle of sincere cooperation - Article 4(3) TEU - Admissibility - Effects of the conduct criticised on the expiry date of the time limit set in the reasoned opinion - Ongoing effects on the unity and consistency of the European Union’s international action - Sufficiency of the measures taken by the Member State concerned in order to comply with the reasoned opinion - Vote by the Federal Republic of Germany against the Union position laid down in Decision 2014/699/EU at the 25th session of the Intergovernmental Organisation for International Carriage by Rail (OTIF) Revision Committee and opposition expressed by that Member State against that position and the arrangements for the exercise of voting rights as defined in that decision)

(2019/C 187/04)

Language of the case: German

Parties

Applicant: European Commission (represented by: W. Mölls, L. Havas, J. Hottiaux and J. Norris-Usher, acting as Agents)

Defendant: Federal Republic of Germany (represented by: T. Henze and J. Möller, acting as Agents)

Intervener in support of the applicant: Council of the European Union (represented by: R. Liudvinaviciute-Cordeiro and J.-P. Hix, acting as Agents)

Operative part of the judgment

The Court:

Declares that the Federal Republic of Germany, by having, at the 25th session of the Intergovernmental Organisation for International Carriage by Rail (OTIF) Revision Committee, voted against the position laid down in Council Decision 2014/699/EU of 24 June 2014 establishing the position to be adopted on behalf of the European Union at the 25th session of the OTIF Revision Committee as regards certain amendments to the Convention concerning International Carriage by Rail (COTIF) and the Appendices thereto, and having publicly opposed that position and the arrangements for the exercise of voting rights provided for therein, failed to fulfil its obligations under that decision and Article 4(3) TEU;

2.	Orders the Federal Republic of Germany to pay the costs;

3.	Orders the Council of the European Union to bear its own costs.

(1) OJ C 22, 22.1.2018.