18.12.2010

Official Journal of the European Union

C 346/6

(Case C-482/08) (<span class="super">1</span>)

(Action for annulment - Decision 2008/633/JHA - Access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by the European Police Office (Europol) for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences - Development of provisions of the Schengen acquis - Exclusion of the United Kingdom from the procedure for adopting the decision - Validity)

2010/C 346/09

Language of the case: English

Parties

Applicant: United Kingdom of Great Britain and Northern Ireland (represented by: V. Jackson and I. Rao, Agents and by T. Ward, barrister)

Defendant: Council of the European Union (represented by: J. Schutte and R. Szostak, Agents)

Interveners in support of the defendant: Kingdom of Spain (represented by J.M. Rodríguez Cárcamo, Agent), European Commission (represented by M. Wilderspin and B.D. Simon, Agents)

Re:

Article 35(6) EU — Annulment of Council Decision 2008/633/JHA of 23 June 2008 concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences (OJ 2008 L 218, p. 129) — Exclusion of the United Kingdom from the procedure for adopting that decision — Infringement of essential procedural requirement

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs;

3.Orders the Kingdom of Spain and the European Commission to bear their own costs.

(<span class="super">1</span>) OJ C 32, 7.2.2009.