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Case C-399/12: Action brought on 28 August 2012 — Bundesrepublik Deutschland v Council of the European Union
ECLI:EU:UNKNOWN:62012CN0399
62012CN0399
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Valentina R., lawyer
10.11.2012
EN
Official Journal of the European Union
C 343/9
(Case C-399/12)
2012/C 343/11
Language of the case: German
Parties
Applicant: Bundesrepublik Deutschland (represented by: N. Graf Vitzthum and T. Henze, Agents)
Defendant: Council of the European Union
Form of order sought
—Annul the Council decision of 18 June 2012; (1)
—Order the Council of the European Union to bear the costs.
Pleas in law and main arguments
By its action, the Bundesrepublik Deutschland (Federal Republic of Germany) challenges the Council decision of 18 June 2012 ‘establishing the position to be adopted on behalf of the European Union with regard to certain resolutions to be voted in the framework of the International Organisation for Vine and Wine (OIV)’.
According to the Federal Government, Article 218(9) TFEU was the incorrect legal basis for the adoption of the decision. Article 218(9) TFEU concerns in the first instance only the adoption of the positions of the Union in bodies, set up by international agreements, of which the Union is a member. Article 218(9) TFEU cannot however be applied in relation to the representation of the Member States in bodies of international organisations in which only the Member States participate by virtue of separate international treaties. Second, Article 218(9) TFEU covers only ‘acts having legal effects’, meaning acts binding under international law. OIV resolutions are however not acts in that sense.
Moreover no other legal basis for the adoption of the Council decision is apparent.
(1) Council Document No 11436 ‘establishing the position to be adopted on behalf of the European Union with regard to certain resolutions to be voted in the framework of the International Organisation for Vine and Wine (OIV)’.