Judgment_paragraph 35 · European Parliament and European Commission v Council of the European Union (C-103/12, C-165/12)

35In Case C‑165/12, the Commission raises three pleas in law, the first of which is composed of three parts. In the first and second parts of the first plea in law, the Commission argues that the legal basis of the contested decision is incorrect. According to the first part, the Council erred in equating the declaration at issue to an external action fixing fishing opportunities. According to the second part, the Council erred in considering that the ships flying the flag of Venezuela are subject to the provisions of the common fisheries policy as a result of that external action fixing fishing opportunities. By the third part of its first plea in law, the Commission alleges a failure to state adequate reasons for the contested decision. By its second plea in law, it claims that the Council did not respect the Parliament’s institutional prerogatives. By its third plea in law, the Commission alleges that the Council distorted its proposal for a decision of 7 January 2011.