39According to the Kingdom of the Netherlands, intervening in support of the Council, the contested decision, which is an act of the Member States and not of the Council, is not subject to a review of legality by the Court under Article 263 TFEU. In the present case, the ministers who participated in the adoption of that decision acted in their capacity as representatives of their government and not as members of the Council. Referring also to the judgment of 27 November 2012, Pringle (C‑370/12, EU:C:2012:756, paragraphs 155 to 159), the Kingdom of the Netherlands submits that the Member States may entrust tasks to the institutions provided that they respect the competences of the European Union and its institutions.
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