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Case C-44/14: Action brought on 27 January 2014 — Kingdom of Spain v European Parliament and Council of the European Union
ECLI:EU:UNKNOWN:62014CN0044
62014CN0044
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8.3.2014
Official Journal of the European Union
C 71/13
(Case C-44/14)
(2014/C 71/22)
Language of the case: Spanish
Parties
Applicant: Kingdom of Spain (represented by: A. Rubio González, Agent)
Defendants: European Parliament and Council of the European Union
Form of order sought
The applicant claims that the Court should:
—annul Article 19 of Regulation (EU) No 1052/2013 of the European Parliament and of the Council of 22 October 2013 (1) establishing the European Border Surveillance System (Eurosur);
—order the European Parliament and Council of the European Union to pay the costs.
Pleas in law and main arguments
Infringement of Article 4 of the Schengen Protocol in conjunction with Article 5 thereof. Article 19 of the Eurosur Regulation establishes an ad hoc procedure for the participation of the United Kingdom and Ireland through cooperation agreements. It therefore establishes a procedure for the participation of those Member States distinct from that provided for in Article 4 of the Schengen Protocol, effectively placing the United Kingdom and Ireland in the position of a third country outside the European Union.
(1) OJ 2013 L 295, p. 11.