31.3.2012

Official Journal of the European Union

C 98/18

(Case C-43/12)

2012/C 98/30

Language of the case: French

Parties

Applicant: European Commission (represented by: T. van Rijn and R. Troosters, Agents)

Defendant: European Parliament, Council of the European Union

Form of order sought

—annul Directive 2011/82/EU of the European Parliament and of the Council of 25 October 2011 facilitating the cross-border exchange of information on road safety related traffic offences; (1)

—declare that the effects of Directive 2011/82/EU are to be regarded as definitive;

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

Pleas in law and main arguments

This application seeks to bring an action for annulment against Directive 2011/82/EU. The Commission disputes the legal basis chosen. It claims that Article 87(2) TFEU is not the appropriate legal basis, as the directive seeks to introduce a mechanism for the exchange of information between Member States that covers road traffic offences, regardless of their administrative or criminal nature. Article 87 refers only to police cooperation between the competent authorities in relation to the prevention, detection and investigation of criminal offences. In the opinion of the Commission, the proper legal basis is Article 91(1) TFEU. The purpose of the directive is to improve road safety, which is one of the common transport policy areas expressly provided for in Article 91(1)(c).

(1) OJ 2011 L 288, p. 1.