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European Union
European Commission v Council of the European Union (C-28/12)
Judgment
Substance
Findings of the Court
55

European Commission v Council of the European Union (C-28/12)

Judgment of 28 Apr 2015law://eu/cjeu/2012/c-28-12/para_55@2026-11-10

55However, that principle cannot justify the Council setting itself free from compliance with the procedural rules and voting arrangements laid down in Article 218 TFEU.

Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.

Key facts

Court: Court of Justice · Grand Chamber
Case: C-28/12 · ECLI:EU:C:2015:282
Decided: 28 Apr 2015
Procedure: Action for annulment
Ruled invalid: Decision 2011/708
Applicant: European Commission
Defendant: Council of the European Union
Rapporteur: J. Malenovský
Advocate General: P. Mengozzi
Bench: 13 judges
V. Skouris, K. Lenaerts, R. Silva de Lapuerta, L. Bay Larsen, K. Jürimäe, A. Rosas, E. Juhász, A. Borg Barthet, J. Malenovský, C. Toader, M. Safjan, D. Šváby, F. Biltgen
Language: English
Official: CURIA · EUR-Lex 62012CJ0028

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History · 1 version

28 Apr 2015Reading

Connections

Interprets 1: Decision of the Council and of the Representatives of the Governments of the Member States of the European Union, meeting within the Council of 16 June 2011 on the signing, on behalf of the Union, and provisional application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part; and on the signing, on behalf of the Union, and provisional application of the Ancillary Agreement between the European Union and its Member States, of the first part, Iceland, of the second part, and the Kingdom of Norway, of the third part, on the application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part
Cited by 7: Council Decision (EU) 2026/1133; European Commission v Council of the European Union (C-275/20)2 provisions; Front populaire pour la libération de la Saguia el-Hamra et du Rio de oro (Front Polisario) v Council of the European Union (T-279/19); Republic of Poland v European Commission (T-699/17)2 provisions; European Commission v Council of the European Union (C-626/15, C-659/16); European Commission v Council of the European Union (C-389/15); European Commission v Council of the European Union (C-425/13)
Cites 16: Treaty on the Functioning of the European Union (consolidated 2016)2 provisions; Treaty on European Union (consolidated 2016); Commission of the European Communities v Council of the European Union (C-338/01); Commission of the European Communities v Council of the European Communities (C-45/86); Commission of the European Communities v Council of the European Union (C-370/07); Commission (Opinion 1/94); European Commission v Kingdom of Sweden (C-246/07); European Commission v Council of the European Union (C-114/12); European Parliament and European Commission v Council of the European Union (C-103/12, C-165/12); Opinion pursuant to Article 218(11) TFEU (Opinion 2/13); Avis au titre de l'article 300, paragraphe 6, CE (Opinion 1/09); European Parliament v Council of the European Communities and Commission of the European Communities (C-181/91); United Kingdom of Great Britain and Northern Ireland v Council of the European Communities (C-68/86); Commission of the European Communities v Council of the European Union (C-27/04); Decision of the Council and of the Representatives of the Governments of the Member States of the European Union, meeting within the Council of 16 June 2011 on the signing, on behalf of the Union, and provisional application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part; and on the signing, on behalf of the Union, and provisional application of the Ancillary Agreement between the European Union and its Member States, of the first part, Iceland, of the second part, and the Kingdom of Norway, of the third part, on the application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part; European Parliament v Council of the European Union (C-133/06)