Judgment_paragraph 1 · Council of the European Union v European Commission (C-66/12)

1By its application, the Council of the European Union requests:— the annulment, under Article 263 TFEU, of— the Communication from the Commission of 24 November 2011, providing supplementary information to the Commission’s report of 13 July 2011 on the exception clause (COM(2011) 829 final; ‘the contested communication’), in so far as the European Commission there definitively refuses to submit appropriate proposals to the European Parliament and to the Council on the basis of Article 10 of Annex XI of the Staff Regulations of Officials of the European Union, set out in Council Regulation (EEC, Euratom, ECSC) No 259/68 of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission (OJ, English Special Edition 1968(I), p. 1), as amended by Regulation (EU, Euratom) No 1080/2010 of the European Parliament and of the Council of 24 November 2010 (OJ 2010 L 311, p. 1) (‘the Staff Regulations’), and— the Commission’s proposal for a Council Regulation adjusting, with effect from 1 July 2011, the remuneration and pension of the officials and other servants of the European Union and the correction coefficients applied thereto, submitted on 24 November 2011 (COM(2011) 820 final; ‘the contested proposal’);— in the alternative, a declaration, under Article 265 TFEU, of an infringement of the Treaties by reason of the Commission’s failure to submit appropriate proposals to the European Parliament and to the Council on the basis of Article 10 of Annex XI to the Staff Regulations.