5.5.2014

Official Journal of the European Union

C 135/24

(Case C-88/14)

2014/C 135/29

Language of the case: English

Parties

Applicant: European Commission (represented by: B. Smulders, B. Martenczuk, G. Wils, Agents)

Defendants: European Parliament, Council of the European Union

The applicant claims that the Court should:

—annul Article 1, point 1, as well as point 4 to the extent that it introduces a new Article 4b, of Regulation (EU) No 1289/2013 of the European Parliament and of the Council of 11 December 2013 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (1);

—state that the effects of the annulled provisions and any implementing measure derived therefrom are definitive pending their replacement within a reasonable time-frame by acts adopted in accordance with the Treaty as interpreted by the judgment of the Court;

—order the defendants to pay the costs of the proceedings.

In subsidiary order, in the event that the Court were to consider the above-mentioned provisions to be inseparable from the rest of the challenged Regulation, the Commission respectfully requests the Court to:

—annul Regulation (EU) No 1289/2013 of the European Parliament and of the Council of 11 December 2013 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement in its entirety;

—state that the effects of the annulled regulation and any implementing measure derived therefrom are definitive pending their replacement within a reasonable time-frame by acts adopted in accordance with the Treaty as interpreted by the judgment of the Court;

—order the defendants to pay the costs of the proceedings.

Pleas in law and main arguments

The Commission seeks the annulment of Article 1, point 1, as well as point 4 to the extent that it introduces a new Article 4b, of Regulation (EU) No 1289/2013 of the European Parliament and of the Council of 11 December 2013 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement. Alternatively, in the event that the Court were to consider the above-mentioned provisions to be inseparable from the rest of the challenged Regulation, the Commission seeks the annulment of the entire regulation.

The Commission is of the view that the provisions referred to are incompatible with Articles 290 and 291 TFEU to the extent that they foresee the use of delegated acts, since the delegated acts in question do not supplement or amend the legislative act, but implement it.

* Language of the case: English.

(1) OJ L 347, p 74