Judgment_paragraph 46 · Council of the European Union and European Commission v Stichting Natuur en Milieu and Pesticide Action Network Europe (C-404/12 P, C-405/12 P)

46The Court has consistently held that the provisions of an international agreement to which the European Union is a party can be relied on in support of an action for annulment of an act of secondary EU legislation or an exception based on the illegality of such an act only where, first, the nature and the broad logic of that agreement do not preclude it and, secondly, those provisions appear, as regards their content, to be unconditional and sufficiently precise (see judgments in Intertanko and Others, EU:C:2008:312, paragraph 45; FIAMM and Others v Council and Commission, EU:C:2008:476, paragraphs 110 and 120; and Air Transport Association of America and Others, C‑366/10, EU:C:2011:864, paragraph 54).