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Case C-137/10: Judgment of the Court (Third Chamber) of 5 May 2011 (reference for a preliminary ruling from the Conseil d'État — Belgium) — European Communities v Région de Bruxelles-Capitale (Articles 207(2) EC and 282 EC — Representation of the European Communities before the national courts — Powers conferred on the Commission — Delegation of the power of representation to other Community institutions — Conditions)

ECLI:EU:UNKNOWN:62010CA0137

62010CA0137

May 5, 2011
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25.6.2011

Official Journal of the European Union

C 186/6

(Case C-137/10)(1)

(Articles 207(2) EC and 282 EC - Representation of the European Communities before the national courts - Powers conferred on the Commission - Delegation of the power of representation to other Community institutions - Conditions)

2011/C 186/10

Language of the case: French

Referring court

Parties to the main proceedings

Applicant: European Communities

Defendant: Région de Bruxelles-Capitale

Re:

Reference for a preliminary ruling — Conseil d’État — Interpretation of Articles 282 EC and the first subparagraph of 207(2) EC — Conditions for the Commission to delegate to another institution the powers to represent the Community in legal proceedings — Validity of the mandate in the absence of an appointment by name of the natural person having authority to represent the institution thus empowered — Jurisdiction of the national court to give judgment on the matter — Doubts relating to the validity of the representation of the Council in legal proceedings by its Deputy Secretary-General, who is responsible for the running of the General Secretariat — Respect of the principle of the organisational autonomy of the institutions

Operative part of the judgment

The mandate by which the European Commission delegated to another Community institution, in a dispute concerning the latter, the power accruing to the Commission under Article 282 EC to represent the European Communities before a national court was validly granted, regardless of whether that mandate specified by name a natural person as having authority to represent the institution thus empowered. In such cases, both the institution thus empowered and the natural person — if one were specified — were entitled to authorise a lawyer to represent the European Communities.

(1) OJ C 148, 5.6.2010.

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