20.12.2008
EN
Official Journal of the European Union
C 327/2
Judgment of the Court (Third Chamber) of 6 November 2008 — European Parliament v Council of the European Union
(Case C-155/07) (1)
(Action for annulment - Decision 2006/1016/EC - Community guarantee to the European Investment Bank against losses under loans and loan guarantees for projects outside the Community - Choice of legal basis - Article 179 EC - Article 181a EC - Compatibility)
(2008/C 327/03)
Language of the case: French
Parties
Applicant: European Parliament (represented by: R. Passos, A. Baas and D. Gauci, acting as Agents)
Defendant: Council of the European Union (represented by: M. Arpio Santacruz, M. Sims and D. Canga Fano, acting as Agents)
Intervener in support of the defendant: Commission of the European Communities (represented by A. Aresu and F. Dintilhac, acting as Agents)
Re:
Action for annulment — Council Decision 2006/1016/EC of 19 December 2006 granting a Community guarantee to the European Investment Bank against losses under loans and loan guarantees for projects outside the Community (OJ 2006 L 414, p. 95) — Choice of legal basis — Article 181a EC — Decision essentially concerning developing countries — Need to have recourse to a dual legal basis — Articles 179 EC and 181a EC
Operative part of the judgment
The Court:
1.
Annuls Council Decision 2006/1016/EC of 19 December 2006 granting a Community guarantee to the European Investment Bank against losses under loans and loan guarantees for projects outside the Community;
2.
Orders that the effects of Decision 2006/1016 be maintained for European Investment Bank financing arrangements entered into before the entry into force, within a period of 12 months from the date of delivery of this judgment, of a new decision adopted on the appropriate legal basis, namely Articles 179 EC and 181a EC together;
3.
Orders the Council of the European Union to pay the costs except those of the Commission of the European Communities;
4.
Orders the Commission of the European Communities to bear its own costs.
(1) OJ C 155, 7.7.2007.
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