16.4.2011

Official Journal of the European Union

C 120/7

(Case C-77/11)

2011/C 120/12

Language of the case: French

Parties

Applicant: Council of the European Union (represented by: G. Maganza and M. Vitsentzatos, acting as Agents)

Defendant: European Parliament

Form of order sought

—annul the act of the President of the Parliament of 14 December 2010 declaring the European Union budget for the financial year 2011 definitively adopted, in so far as that measure is combined with the act establishing the budget,

—alternatively, and in so far as it is a separate act from the above, annul the act of the President of the Parliament of that date purporting to adopt the European Union budget for 2011 and give it binding force as against the institutions and the Member States,

—in the alternative, annul the act of the President of the European Parliament declaring the European Union budget for 2011 definitively adopted, in so far as that declaration was made without the 2010 budget procedure (2011 budget) having been completed,

—consider the effects of the 2011 budget as definitive until the budget is established by a legislative act in accordance with the Treaties,

—order the European Parliament to pay the costs.

Pleas in law and main arguments

By this action the Council submits that, following the introduction of the Treaty on the Functioning of the European Union (TFEU) on 1 December 2009, the annual budget of the European Union and any amending budgets must henceforth be established by a joint legislative act of the two institutions which produce them, namely the European Parliament and the Council. That act must be signed by the presidents of those two institutions in accordance with the second subparagraph of Article 297(1) TFEU.

The Council submits accordingly that the act establishing the 2011 annual budget — whether that act is combined with the declaration of the President of the European Parliament that the 2011 budget is definitively adopted or whether it is regarded as a separate act — is unlawful in so far as it consists in a non-typical and non-legislative act made and signed by the President of the European Parliament alone, in breach of Article 314 TFEU and Articles 288 and 289(2) and the first and third paragraphs of Article 296 of the Treaty and Article 13(2) of the Treaty on European Union. In the alternative, the Council submits that that act is unlawful on the ground of breach of essential procedural requirements and breach of Article 314(9) TFEU.

Finally, the Council asks the Court to maintain, if need be, the effects of the budget as published in the Official Journal of the European Union until the date on which that budget is established in accordance with those articles of the Treaty.