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Case C-77/11: Judgment of the Court (Grand Chamber) of 17 September 2013 — Council of the European Union v European Parliament (Action for annulment — Definitive adoption of the European Union’s general budget for the financial year 2011 — Act of the President of the Parliament declaring that the budget has been definitively adopted — Article 314(9) TFEU — Establishment by the Parliament and the Council of the European Union’s annual budget — Article 314, introductory paragraph, TFEU — Principle of institutional balance — Principle that the institutions must act within the limits of their powers — Duty to cooperate in good faith — Compliance with essential procedural requirements)
ECLI:EU:UNKNOWN:62011CA0077
62011CA0077
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Official Journal of the European Union
C 325/2
(Case C-77/11) (<span class="super">1</span>)
(Action for annulment - Definitive adoption of the European Union’s general budget for the financial year 2011 - Act of the President of the Parliament declaring that the budget has been definitively adopted - Article 314(9) TFEU - Establishment by the Parliament and the Council of the European Union’s annual budget - Article 314, introductory paragraph, TFEU - Principle of institutional balance - Principle that the institutions must act within the limits of their powers - Duty to cooperate in good faith - Compliance with essential procedural requirements)
2013/C 325/02
Language of the case: French
Parties
Applicant: Council of the European Union (represented by: G. Maganza and M. Vitsentzatos, Agents)
Defendant: European Parliament (represented by: C. Pennera, R. Passos, D. Gauci and R. Crowe, Agents)
Intervener in support of the applicant: Kingdom of Spain (represented by: N. Díaz Abad, Agent)
Re:
Action for annulment — Act of the President of the European Parliament of 14 December 2010 establishing the annual budget of the European Union for the financial year 2011 — Choice of legal basis — Failure of that non-typical and non-legislative act to comply with the new budget procedure introduced by the TFEU — Failure to respect the institutional balance — Breach of the principle of the conferment of powers and the duty of sincere cooperation — Breach of essential procedural requirements — Temporary maintenance of the effects of the budget
Operative part of the judgment
The Court:
1.Dismisses the action
2.Orders the Council of the European Union to pay the costs.
3.Orders the Kingdom of Spain to bear its own costs.
(<span class="super">1</span>) OJ C 120, 16.4.2011.