Judgment_paragraph 107 · Federal Republic of Germany v Council of the European Union (C-600/14)

107It is apparent, in this case, that the discussions which took place within the Council working group, with a view to the establishment of a Union position, began on 26 April 2014, namely the day after that on which most of the documents had been sent by the OTIF Secretary-General, and the discussions continued at the following two meetings, on the basis of the Commission’s proposal for a decision. Further, the progress of the procedure, as described by the Council and summarised in paragraph 100 of the present judgment, indicates that the Council began preliminary discussions with a view to the adoption of a Union position without waiting for all the working documents drawn up for the 25th session of the OTIF Revision Committee to be sent to it. The four meetings of the appropriate Council working group and of the Permanent Representatives Committee were devoted to, inter alia, clarification of the allocation of the respective powers of the European Union and the Member States with respect to the items on the agenda of the 25th session of the OTIF Revision Committee, on the subject of which the Federal Republic of Germany had expressed its reservations. Last, the Federal Republic of Germany has not established that the period of one week that elapsed between the approval of the proposal for a decision by the Permanent Representatives Committee and the adoption of the contested decision by the Council was so unwarranted as to call into question the fulfilment, by that institution, of its duty of sincere cooperation with the Member States.

Federal Republic of Germany v Council of the European Union (C-600/14)

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