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Case C-482/17: Judgment of the Court (Grand Chamber) of 3 December 2019 — Czech Republic v European Parliament, Council of the European Union (Action for annulment — Approximation of laws — Directive (EU) 2017/853 — Control of the acquisition and possession of weapons — Validity — Legal basis — Article 114 TFEU — Amendment of an existing directive — Principle of proportionality — Absence of impact assessment — Interference with the right to property — Proportionality of the measures adopted — Measures creating barriers in the internal market — Principle of legal certainty — Principle of the protection of legitimate expectations — Measures obliging Member States to adopt legislation with retroactive effect — Principle of non-discrimination — Derogation for the Swiss Confederation — Discrimination affecting Member States of the European Union or Member States of the European Free Trade Association (EFTA) other than that State)
ECLI:EU:UNKNOWN:62017CA0482
62017CA0482
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Official Journal of the European Union
C 36/2
(Case C-482/17) (*)
(Action for annulment - Approximation of laws - Directive (EU) 2017/853 - Control of the acquisition and possession of weapons - Validity - Legal basis - Article 114 TFEU - Amendment of an existing directive - Principle of proportionality - Absence of impact assessment - Interference with the right to property - Proportionality of the measures adopted - Measures creating barriers in the internal market - Principle of legal certainty - Principle of the protection of legitimate expectations - Measures obliging Member States to adopt legislation with retroactive effect - Principle of non-discrimination - Derogation for the Swiss Confederation - Discrimination affecting Member States of the European Union or Member States of the European Free Trade Association (EFTA) other than that State)
(2020/C 36/02)
Language of the case: Czech
Parties
Applicant: Czech Republic (represented by: M. Smolek, O. Serdula and J. Vláčil, acting as Agents)
Interveners in support of the applicant: Hungary (represented by: M.Z. Fehér, G. Koós and G. Tornyai, acting as Agents), Republic of Poland (represented by: B. Majczyna, M. Wiącek and D. Lutostańska, acting as Agents)
Defendants: European Parliament (represented by: O. Hrstková Šolcová and R. van de Westelaken, acting as Agents), Council of the European Union (represented by: initially by A. Westerhof Löfflerová, E. Moro and M. Chavrier, subsequently by A. Westerhof Löfflerová and M. Chavrier, acting as Agents)
Interveners in support of the defendants: French Republic (represented by: A. Daly, E. de Moustier, R. Coesme and D. Colas, acting as Agents), European Commission, (represented by: M. Šimerdová, Y.G. Marinova and E. Kružíková, acting as Agents)
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders the Czech Republic to pay, in addition to its own costs, the costs incurred by the European Parliament and the Council of the European Union;
3.Orders the French Republic, Hungary, the Republic of Poland and the European Commission to bear their own costs.
(*) Language of the case: Czech.