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Case T-157/21: Action brought on 22 March 2021 — RG v Council
ECLI:EU:UNKNOWN:62021TN0157
62021TN0157
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14.6.2021
EN
Official Journal of the European Union
C 228/30
(Case T-157/21)
(2021/C 228/41)
Language of the case: English
Parties
Applicant: RG (represented by: R. Purcell, Solicitor)
Defendant: Council of the European Union
Form of order sought
The applicant claims that the Court should:
—Order the annulment of the Council decision (EU) 2020/2252 of 29 December 2020 (1) on the signing, on behalf of the Union, and on provisional application of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, and of the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information (2), to the extent that the decision provisionally applies Title VII of part Three of the Trade and Cooperation Agreement to Ireland;
—Order the Council to bear the costs of the proceedings
Pleas in law and main arguments
In support of the action, the applicant relies on one plea in law, alleging that Council acts without competence, in infringing an essential procedural requirement, and in violation of the Treaties, in making a decision that purported to bind Ireland in the area of freedom, security, and justice (‘AFSJ’) without an ‘opt-in’ pursuant to Protocol 21.
—The Protocol is part of the primary law of the Union. It also reflects a key democratic provision within Irish constitutional law;
—The text of Protocol 21, and its corresponding provision in the Irish Constitution, demonstrate that Ireland retains exclusive competence in the AFSJ;
—The TCA is an international agreement within the meaning of the Protocol. An opt-in is therefore required, for the AFSJ measures therein to be binding on Ireland;
—CJEU case-law supports the proposition that the Title on Surrender is a non-incidental measure which has the AFSJ as its proper legal basis.
(1) OJ 2020, L 444, p. 2
(2) OJ 2020, L 444, p. 14