25.6.2011
EN
Official Journal of the European Union
C 186/6
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
(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
Conseil d'État
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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