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Joined Cases C-124/13 and C-125/13: Judgment of the Court (Grand Chamber) of 1 December 2015 — European Parliament, European Commission v Council of the European Union (Actions for annulment — Regulation (EU) No 1243/2012 — Choice of legal basis — Article 43(2) and (3) TFEU — Policy decision — Long-term plan for cod stocks)

ECLI:EU:UNKNOWN:62013CA0124

62013CA0124

December 1, 2015
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Official Journal of the European Union

C 38/3

(Joined Cases C-124/13 and C-125/13) (<span class="super">1</span>)

((Actions for annulment - Regulation (EU) No 1243/2012 - Choice of legal basis - Article 43(2) and (3) TFEU - Policy decision - Long-term plan for cod stocks))

(2016/C 038/03)

Language of the case: English

Parties

Applicants: European Parliament (represented by: I. Liukkonen, L.G. Knudsen and R. Kaškina, acting as Agents), European Commission (represented by: A. Bouquet, K. Banks and A. Szmytkowska, acting as Agents)

Defendant: Council of the European Union (represented by: E. Sitbon, A. de Gregorio Merino and A. Westerhof Löfflerová, acting as Agents)

Interveners in support of the defendant: Kingdom of Spain (represented by: M. Sampol Pucurull and N. Díaz Abad, acting as Agents), French Republic (represented by: G. de Bergues, D. Colas, R. Coesme and C. Candat, acting as Agents), Republic of Poland (represented by: B. Majczyna, M. Nowacki and A. Miłkowska, acting as Agents)

Operative part of the judgment

The Court:

1.Annuls Council Regulation (EU) No 1243/2012 of 19 December 2012 amending Regulation (EC) No 1342/2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks;

2.Maintains the effects of Regulation No 1243/2012 until the entry into force, within a reasonable period, which may not exceed 12 months starting from 1 January of the year following the date of delivery of the present judgment, of a new regulation adopted on the appropriate legal basis, namely Article 43(2) TFEU;

3.Orders the Council of the European Union to pay the costs;

4.Orders the Kingdom of Spain, the French Republic and the Republic of Poland to bear their own costs.

(<span class="super">1</span>) OJ C 156, 1.6.2013.

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