9.3.2020

EN

Official Journal of the European Union

C 77/35

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(Case C-24/20)

(2020/C 77/47)

Language of the case: English

Parties

Applicant: European Commission (represented by: F. Castillo de la Torre, J. Norris and I. Naglis, Agents)

Defendant: Council of the European Union

The applicant claims that the Court should:

—annul article 3 of Council Decision 2019/1754 (1) of 7 October 2019 on the accession of the European Union to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications;

—annul Article 4 of Decision 2019/1754 to the extent that it contains references to the Member States, or, in the alternative, to annul Article 4 entirely if references to the Member States cannot be severed from the rest of the Article;

—maintain the effects of the parts of Decision 2019/1754 which have been annulled, in particular any use of the authorisation granted under Article 3, implemented before the date of the judgment by the Member States which are currently parties to the 1958 Lisbon Agreement, until the entry into force, within a reasonable period which should not exceed six months from the date of delivery of the judgment, of a decision of the Council of the European Union;

—order the Council of the European Union to pay the costs.

Pleas in law and main arguments

First plea: breach of Article 218(6) and 293(1) TFEU, of the principle of conferral of powers laid down in Article 13(2) TEU and of the principle of institutional balance and the Commission’s right of initiative, in that the contested Decision has been adopted without a proposal of the Commission.

Second plea: in the alternative, breach of Articles 2(1) and 207 TFEU and lack of motivation, as the Council exceeded its power by granting an authorisation which is general, permanent and not duly justified.

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(1) OJ 2019, L 271, p. 12.