Judgment_paragraph 90 · European Parliament and European Commission v Council of the European Union (C-103/12, C-165/12)

90In that respect, it is clear from the Court’s case-law that, on grounds of legal certainty, the effects of such an act may be maintained, in particular where the immediate effects of its annulment would give rise to serious negative consequences for the persons concerned and where the lawfulness of the act in question is contested, not because of its aim or content, but on grounds of lack of competence or infringement of an essential procedural requirement. Those grounds include, in particular, the ground that an incorrect legal basis was used for the contested act (see, to that effect, judgments in Parliament v Council, C‑414/04, EU:C:2006:742, paragraph 59; Parliament and Denmark v Commission, C‑14/06 and C‑295/06, EU:C:2008:176, paragraph 86; and Parliament v Council, C‑490/10, EU:C:2012:525, paragraphs 91 and 92).