Official Journal of the European Union

C 327/2

(Case C-155/07)

(Action for annulment - Decision 2006/1016/EC - Community guarantee to the European Investment Bank against losses under loans and loan guarantees for projects outside the Community - Choice of legal basis - Article 179 EC - Article 181a EC - Compatibility)

(2008/C 327/03)

Language of the case: French

Parties

Applicant: European Parliament (represented by: R. Passos, A. Baas and D. Gauci, acting as Agents)

Defendant: Council of the European Union (represented by: M. Arpio Santacruz, M. Sims and D. Canga Fano, acting as Agents)

Intervener in support of the defendant: Commission of the European Communities (represented by A. Aresu and F. Dintilhac, acting as Agents)

Re:

Action for annulment — Council Decision 2006/1016/EC of 19 December 2006 granting a Community guarantee to the European Investment Bank against losses under loans and loan guarantees for projects outside the Community (OJ 2006 L 414, p. 95) — Choice of legal basis — Article 181a EC — Decision essentially concerning developing countries — Need to have recourse to a dual legal basis — Articles 179 EC and 181a EC

Operative part of the judgment

The Court:

1.Annuls Council Decision 2006/1016/EC of 19 December 2006 granting a Community guarantee to the European Investment Bank against losses under loans and loan guarantees for projects outside the Community;

2.Orders that the effects of Decision 2006/1016 be maintained for European Investment Bank financing arrangements entered into before the entry into force, within a period of 12 months from the date of delivery of this judgment, of a new decision adopted on the appropriate legal basis, namely Articles 179 EC and 181a EC together;

3.Orders the Council of the European Union to pay the costs except those of the Commission of the European Communities;

4.Orders the Commission of the European Communities to bear its own costs.

(1) OJ C 155, 7.7.2007.