Italian Republic and Comune di Milano v Council of the European Union (C-59/18)

Judgment of 14 Jul 2022

law://eu/cjeu/2018/c-59-18/para_45@2026-11-14

45The Italian Republic maintains that, although the contested decision formally appears to have been adopted by the Conference of Representatives of the Governments of the Member States, it must be regarded as being attributable to the Council. It notes that, according to the Court’s case-law, it is not sufficient for an act to be classified as a ‘decision of the Member States’ for it to be excluded from review under Article 263 TFEU. According to the Italian Republic, which refers to paragraph 14 of the judgment of 30 June 1993, Parliament v Council and Commission (C‑181/91 and C‑248/91, EU:C:1993:271), it remains to be determined whether, having regard to its content and all the circumstances in which it was adopted, it is not in reality a decision of the Council.

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Key facts

Court: Court of Justice · Grand Chamber
Case: C-59/18 · ECLI:EU:C:2022:567
Decided: 14 Jul 2022
Procedure: Action for annulment
Applicant: Italian Republic
Defendant: Council of the European Union
Rapporteur: N. Wahl
Advocate General: M. Bobek
Bench: 15 judges
K. Lenaerts, A. Arabadjiev, K. Jürimäe, C. Lycourgos, E. Regan, S. Rodin, I. Jarukaitis, N. Jääskinen, J. Passer, J.‑C. Bonichot, M. Safjan, F. Biltgen, P.G. Xuereb, A. Kumin, N. Wahl
Language: Italian
Official: CURIA · EUR-Lex 62018CJ0059

Topics

Law governing the institutions

History · 1 version

14 Jul 2022Reading

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Cited by 4: Kingdom of Spain v European Commission (C-632/20 P); European Commission v Czech Republic (C-808/21); European Commission v Republic of Poland (C-814/21); Italian Republic and Comune di Milano v Council of the European Union and European Parliament (C-106/19)5 provisions
Cites 2: Treaty on the Functioning of the European Union (consolidated 2016); European Parliament v Council of the European Communities and Commission of the European Communities (C-181/91, C-248/91)