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Joined Cases C-103/12 and C-165/12: Judgment of the Court (Grand Chamber) of 26 November 2014 — European Parliament (C-103/12), European Commission (C-165/12) v Council of the European Union (Actions for annulment — Decision 2012/19/EU — Legal basis — Article 43(2) and (3) TFEU — Bilateral agreement authorising utilisation of the surplus of allowable catch — Choice of the third country that the European Union authorises to utilise living resources — Exclusive economic zone — Policy decision — Fixing fishing opportunities)
ECLI:EU:UNKNOWN:62012CA0103
62012CA0103
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Official Journal of the European Union
C 26/2
(Joined Cases C-103/12 and C-165/12) (<span class="super">1</span>)
((Actions for annulment - Decision 2012/19/EU - Legal basis - Article 43(2) and (3) TFEU - Bilateral agreement authorising utilisation of the surplus of allowable catch - Choice of the third country that the European Union authorises to utilise living resources - Exclusive economic zone - Policy decision - Fixing fishing opportunities))
(2015/C 026/02)
Language of the case: French
Parties
Applicants: European Parliament (represented by: L.G. Knudsen, I. Liukkonen and I. Díez Parra, acting as Agents) (C-103/12), European Commission (represented by: A. Bouquet and E. Paasivirta, acting as Agents) (C-165/12)
Defendant: Council of the European Union (represented by: A. Westerhof Löfflerová and A. de Gregorio Merino, acting as Agents)
Interveners in support of the defendant: Czech Republic (represented by: M. Smolek, E. Ruffer and D. Hadroušek, acting as Agents), Kingdom of Spain (represented by: N. Díaz Abad, acting as Agent), French Republic (represented by: G. de Bergues, D. Colas and N. Rouam, acting as Agents), Republic of Poland (represented by: B. Majczyna and M. Szpunar, acting as Agents)
Operative part of the judgment
The Court:
1.Annuls Council Decision 2012/19/EU of 16 December 2011 on the approval, on behalf of the European Union, of the Declaration on the granting of fishing opportunities in EU waters to fishing vessels flying the flag of the Bolivarian Republic of Venezuela in the exclusive economic zone off the coast of French Guiana;
2.Maintains the effects of Decision 2012/19/EU until the entry into force, within a reasonable period of time after the date of the present judgment, of a new decision based on the appropriate legal basis, namely Article 43(2) TFEU, in conjunction with Article 218(6)(a)(v) TFEU;
3.Orders the Council of the European Union to pay the costs;
4.Orders the Czech Republic, the Kingdom of Spain, the French Republic and the Republic of Poland to bear their own costs.
(<span class="super">1</span>) OJ C 157, 2.6.2012.