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Case C-389/15: Action brought on 17 July 2015 — European Commission v Council of the European Union
ECLI:EU:UNKNOWN:62015CN0389
62015CN0389
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21.9.2015
EN
Official Journal of the European Union
C 311/42
(Case C-389/15)
(2015/C 311/45)
Language of the case: English
Parties
Applicant: European Commission (represented by: F. Castillo de la Torre, J. Guillem Carrau, B. Hartmann, Agents)
Defendant: Council of the European Union
The applicant claims that the Court should:
—annul the decision of the Council of 7 May 2015 authorising the opening of negotiations on a revised Lisbon Agreement on Appellations of Origin and Geographical Indications as regards matters falling within the competence of the European Union;
—maintain the effects of the contested decision, where appropriate, until the entry into force, within a reasonable period from the delivery of the present judgment, of a new decision that is to be adopted by the Council of the European Union pursuant to Article 218(3), (4) and (8) TFEU;
—order the Council of the European Union to bear the costs.
Pleas in law and main arguments
First plea: The contested Decision acknowledges the existence of competence of the Member States, in breach of Article 3 TFEU, since the negotiation concerns an agreement which falls within the exclusive competence of the Union
Second plea: Infringement of Articles 207(3) and 218(3), (4) and (8) TFEU because the Council has appointed Member States as ‘negotiators’, in a matter of EU competence, and has not adopted the contested Decision in accordance with the applicable majority