JUDGMENT OF THE COURT

(Sixth Chamber)

of 29 April 2004

in Case C-338/01: Commission of the European Communities v Council of the European Union (1)

(Directive 2001/44/EC - Choice of legal basis)

(2004/C 118/21)

Language of the case: English

In Case C-338/01: Commission of the European Communities (Agent: R. Lyal), with an address for service in Luxembourg, supported by European Parliament (Agents: R. Passos and A. Baas), with an address for service in Luxembourg, v Council of the European Union (Agents: M. Sims-Robertson and F. Florindo Gijón), supported by Ireland (Agents: D. O'Hagan, assisted by E. Fitzsimons SC, K. Maguire BL and D. Moloney BL), with an address for service in Luxembourg, the Grand Duchy of Luxembourg (Agent: J. Faltz), the Portuguese Republic (Agents: L. Fernandes, V. Guimarães and Â. Seiça Neves), with an address for service in Luxembourg, and by the United Kingdom of Great Britain and Northern Ireland (Agent: J.E. Collins, assisted by D. Wyatt QC), with an address for service in Luxembourg — application for the annulment of Council Directive 2001/44/EC of 15 June 2001 amending Directive 76/308/EEC on mutual assistance for the recovery of claims resulting from operations forming part of the system of financing the European Agricultural Guidance and Guarantee Fund, and of agricultural levies and customs duties and in respect of value added tax and certain excise duties (OJ 2001 L 175, p. 17) and for the maintenance of the effects of that directive until the entry into force of a directive adopted on the correct legal basis — the Court (Sixth Chamber), composed of: C. Gulmann, acting as President of the Sixth Chamber, J.N. Cunha Rodrigues, J.-P. Puissochet, R. Schintgen (Rapporteur) and F. Macken, Judges; S. Alber, Advocate General; R. Grass, Registrar, has given a judgment on 29 April 2004, in which it:

(1)  OJ C 303, 27.10.2001.