Judgment_paragraph 60 · European Commission v Council of the European Union (C-28/12)

60In that regard, it is clear from the Court’s case-law that the effects of a contested act may be maintained on grounds of legal certainty, in particular where the immediate effects of its annulment would give rise to serious negative consequences and the lawfulness of such an act is contested not because of its aim or subject-matter, but on grounds of lack of competence or infringement of an essential procedural requirement (see judgment in Parliament and Commission v Council, C‑103/12 and C‑165/12, EU:C:2014:2400, paragraph 90 and the case-law cited).