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Case C-490/10: Judgment of the Court (Second Chamber) of 6 September 2012 — European Parliament v Council of the European Union (Action for annulment — Regulation (EU, Euratom) No 617/2010 — Notification to the Commission of investment projects in energy infrastructure within the European Union — Choice of legal basis — Article 337 TFEU and Article 187 EA — Article 194 TFEU)
ECLI:EU:UNKNOWN:62010CA0490
62010CA0490
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27.10.2012
Official Journal of the European Union
C 331/2
(Case C-490/10) (*)
(Action for annulment - Regulation (EU, Euratom) No 617/2010 - Notification to the Commission of investment projects in energy infrastructure within the European Union - Choice of legal basis - Article 337 TFEU and Article 187 EA - Article 194 TFEU)
(2012/C 331/03)
Language of the case: French
Parties
Applicant: European Parliament (represented by: M. Gómez-Leal, J. Rodrigues and L. Visaggio, Agents)
Defendant: Council of the European Union (represented by: M. Simm and A. Lo Monaco, Agents)
Intervening parties in support of the defendant: French Republic (represented by: G. de Bergues and A. Adam, Agents); European Commission (represented by: P. Oliver and O. Beynet, Agents)
Re:
Action for annulment — Council Regulation (EU, Euratom) No 617/2010 of 24 June 2010 concerning the notification to the Commission of investment projects in energy infrastructure within the European Union and repealing Regulation (EC) No 736/96 (OJ 2010 L 180, p. 7) — Choice of the dual legal basis of Articles 337 TFEU and 187 EA — Measures falling within the specific responsibilities of the Union in relation to energy and requiring the legal basis of Article 194 TFEU only
Operative part of the judgment
The Court:
1.Annuls Council Regulation (EU, Euratom) No 617/2010 of 24 June 2010 concerning the notification to the Commission of investment projects in energy infrastructure within the European Union and repealing Regulation (EC) No 736/96;
2.Maintains the effects of Regulation No 617/2010 until the entry into force, within a reasonable period, of a new regulation adopted on the appropriate legal basis, namely Article 194(2) TFEU;
3.Orders the Council of the European Union to pay the costs except those of the French Republic and the European Commission;
4.Orders the French Republic and the European Commission to bear their own costs.
(*) Language of the case: French.
ECLI:EU:C:2012:140