Explanatory Memorandum to SEC(2002)994 - Request for an amendment to Article 51 of the Statute of the Court of Justice, made by the Court in response to Declaration No 12, annexed to the Treaty of Nice, on Article 225 of the EC Treaty as amended by the Treaty of Nice

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dossier SEC(2002)994 - Request for an amendment to Article 51 of the Statute of the Court of Justice, made by the Court in response to Declaration ...
source SEC(2002)994 EN
date 20-09-2002
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52002SC0994

Commission opinion on the request for an amendment to Article 51 of the Statute of the Court of Justice, made by the Court in response to Declaration No 12, annexed to the Treaty of Nice, on Article 225 of the EC Treaty as amended by the Treaty of Nice /* SEC/2002/0994 final - CNS 2002/0226 */


COMMISSION OPINION on the request for an amendment to Article 51 of the Statute of the Court of Justice, made by the Court in response to Declaration No 12, annexed to the Treaty of Nice, on Article 225 of the EC Treaty as amended by the Treaty of Nice
  • 1. 
    'The Conference calls on the Court of Justice and the Commission to give overall consideration as soon as possible to the division of jurisdiction between the Court of Justice and the Court of First Instance, in particular in the area of direct actions, and to submit suitable proposals for examination by the competent bodies as soon as the Treaty of Nice enters into force.'

     
  • 2. 
    Council Doc. No 10790- JUR 232-, 1.10.2001.

     
  • 3. 
    'The Conference calls on the Court of Justice and the Commission to give overall consideration as soon as possible to the division of jurisdiction between the Court of Justice and the Court of First Instance, in particular in the area of direct actions, and to submit suitable proposals for examination by the competent bodies as soon as the Treaty of Nice enters into force.'

     
  • 4. 
    'The Conference calls on the Court of Justice and the Commission to give overall consideration as soon as possible to the division of jurisdiction between the Court of Justice and the Court of First Instance, in particular in the area of direct actions, and to submit suitable proposals for examination by the competent bodies as soon as the Treaty of Nice enters into force.'

     
  • 5. 
    Except for actions against infringements - which are not covered in the Court's proposal (but which might be transferred on the basis of the second sentence of the first subparagraph of Article 225(1)) - and jurisdiction regarding questions referred for a preliminary ruling and opinions.

     
  • 6. 
    See Council Doc. No 5604/02- JUR 26- of 24.01.2002.

     
  • 7. 
    Except for actions against infringements - which are not covered in the Court's proposal (but which might be transferred on the basis of the second sentence of the first subparagraph of Article 225(1)) - and jurisdiction regarding questions referred for a preliminary ruling and opinions.

     
  • 8. 
    Council Doc. No 10790- JUR 232-, 1.10.2001.

     
  • 9. 
    'The Conference calls on the Court of Justice and the Commission to give overall consideration as soon as possible to the division of jurisdiction between the Court of Justice and the Court of First Instance, in particular in the area of direct actions, and to submit suitable proposals for examination by the competent bodies as soon as the Treaty of Nice enters into force.'

     
  • 10. 
    'The Conference calls on the Court of Justice and the Commission to give overall consideration as soon as possible to the division of jurisdiction between the Court of Justice and the Court of First Instance, in particular in the area of direct actions, and to submit suitable proposals for examination by the competent bodies as soon as the Treaty of Nice enters into force.'

     
  • 11. 
    Introduced by Article 225(2) and (3) (last subparagraphs) of the EC Treaty as amended by the Treaty of Nice.

     
  • 12. 
    See Article 1(3) of Parliament and Council Regulation No 1073/1999 of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office - OLAF (OJ L 136, p. 1).

     
  • 13. 
    See, for example, Case C-15/00 Commission v EIB; bodies set up under the Treaty (CoR, ESC) or under secondary legislation, such as the European Agency for the Evaluation of Medicinal Products (Regulation No 2309/93 of 22.7.1993) or the European Agency for Reconstruction Regulation No 2454/199 of 15.11.1999).

     
  • 14. 
    'The Conference calls on the Court of Justice and the Commission to give overall consideration as soon as possible to the division of jurisdiction between the Court of Justice and the Court of First Instance, in particular in the area of direct actions, and to submit suitable proposals for examination by the competent bodies as soon as the Treaty of Nice enters into force.'

     
  • 15. 
    Doc. No 10790, cited in footnote 1.

     
  • 16. 
    Council Doc. No 10790- JUR 232-, 1.10.2001.

     
  • 17. 
    Council Doc. No 5713/99 -JUR 54- of 25.02.1999 (Explanatory memorandum, p. 4).

     
  • 18. 
    Regulations adopted under a provision in a basic instrument, such as Article 12 of Council Regulation No 2423/88 of 11.7.1988 on protection against dumped or subsidised imports from countries not members of the European Economic Community (OJ L 209), after intervention of the Commission Regulation introducing a provisional antidumping or countervailing duty (Article 11).

     
  • 19. 
    Council Doc. No 10790- JUR 232-, 1.10.2001.

     
  • 20. 
    See Article 1(3) of Parliament and Council Regulation No 1073/1999 of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office - OLAF (OJ L 136, p. 1).

     
  • 21. 
    Council Regulation No 820/97 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products (OJ L 117, p. 1). Article 19(6) reads: 'By 1 January 2000, the Council, acting by a qualified majority on a proposal from the Commission, shall take a decision as to whether compulsory indication of data other than those provided for in paragraph 2 and extension of the scope of this Regulation to products other than those indicated in the first indent of Article 2 are possible and desirable.'

     
  • 22. 
    Initially defined in Council Decision 87/373 of 13.7.1987 (OJ 1987 L 197, p. 33), subsequently replaced by Council Decision 1999/468 (OJ 1999 L 184, p. 23).

     
  • 23. 
    As emphasised in points 16, 23 and 24 of the Court's ruling of 23.2.2001 in Case C-445/00 Austria v Council
     
  • 24. 
    See the other commercial policy cases listed by the Court: C-110/97 concerning Regulation No 304/97 (OJ L 51, p. 1: Commission act referred to the Council by the UK); C-301/97 concerning Regulation No 1036/97 (OJ L 151, p. 8: Commission act referred to the Council by Spain and the UK).

     
  • 25. 
    A valuable comparison, especially with Case C-89/96 Portugal v Commission concerning Regulation No 3053/95 adopted by the Commission under Articles 17 and 19 of Council Regulation 3030/93, after a favourable opinion from the textiles committee (OJ L 323, p. 1) or with Cases C-159/96 Portugal v Commission, C-289/96 Denmark v Commission, C-293/96 Germany v Commission, C-299 France v Commission, included by the Court in the list of actions brought against the Commission.

     
  • 26. 
    Under Article 1 of Decision 1999/468, implementing powers are, as a rule, conferred on the Commission, 'Other than in specific and substantiated cases where the basic instrument reserves to the Council the right to exercise directly certain implementing powers'.

     
  • 27. 
    See footnote 6.

     
  • 28. 
    OJ 1999 L 334, p. 1.

     
  • 29. 
    In particular Regulation No 3074/95 (OJ 1995 L 330, p. 1).

     
  • 30. 
    The Council acting by a QM, on a proposal from the Commission.

     
  • 31. 
    OJ 1992 L 389, p. 1

     
  • 32. 
    See Council Doc. No 5604/02- JUR 26- of 24.01.2002.

     
  • 33. 
    The same is true of Regulation No 1785/81 on the common organisation of the markets in the sugar sector (OJ L 177, p. 4, amended in OJ L 206/1996, p. 43), which was the basis for the acts challenged in Cases C-340/98 and C-357/99 and adopted under that procedure, as provided for in Articles 3(5), 5(5) and 8(4) of the Regulation.

     
  • 34. 
    See footnote 11.

     
  • 35. 
    Case C-514/99 France v Commission,
     
  • 36. 
    See the cases listed under 'Adaptation of legislation adopted by the Council' in the Court's analytical Note, p. 11.

     
  • 37. 
    For instance, Regulation No 3760/92 refers to the procedure of Article 43 of the Treaty for the adoption of measures under Article 4(1), 5(1) and 8(3);

     
  • 38. 
    For example, Article 17 of Council Regulation No 3285/94 of 22.12.1994 on the common rules for imports and repealing Regulation (EC) No 518/94 (OJ L 349, 31.12.1994, p. 53).

     
  • 39. 
    Article 16 of Regulation No 3285/94; see previous footnote.

     
  • 40. 
    Council Regulation No 3286/94 of 22.12.1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under auspices of the WTO (OJ L 349, 31.12.1994, p. 71)

     
  • 41. 
    Except for actions against infringements - which are not covered in the Court's proposal (but which might be transferred on the basis of the second sentence of the first subparagraph of Article 225(1)) - and jurisdiction regarding questions referred for a preliminary ruling and opinions.

     
  • 42. 
    13 of the 30 actions brought against the Council during the reference period - namely the 9 fisheries policy cases, the 3 commercial policy cases, and Case C-93/00 - that should be reserved for the jurisdiction of the Court.

     
  • 43. 
    Except for actions against infringements - which are not covered in the Court's proposal (but which might be transferred on the basis of the second sentence of the first subparagraph of Article 225(1)) - and jurisdiction regarding questions referred for a preliminary ruling and opinions.

     
  • 44. 
    Except for actions against infringements - which are not covered in the Court's proposal (but which might be transferred on the basis of the second sentence of the first subparagraph of Article 225(1)) - and jurisdiction regarding questions referred for a preliminary ruling and opinions.

     
  • 45. 
    'The Conference calls on the Court of Justice and the Commission to give overall consideration as soon as possible to the division of jurisdiction between the Court of Justice and the Court of First Instance, in particular in the area of direct actions, and to submit suitable proposals for examination by the competent bodies as soon as the Treaty of Nice enters into force.'

     
  • 46. 
    Council Doc. No 10790- JUR 232-, 1.10.2001.

     
  • 47. 
    OJ L 149, 23.06.2000, p. 1.

     
  • 48. 
    Except for actions against infringements - which are not covered in the Court's proposal (but which might be transferred on the basis of the second sentence of the first subparagraph of Article 225(1)) - and jurisdiction regarding questions referred for a preliminary ruling and opinions.

     
  • 49. 
    Council Doc. No 10790- JUR 232-, 1.10.2001.

     
  • 50. 
    Except for actions against infringements - which are not covered in the Court's proposal (but which might be transferred on the basis of the second sentence of the first subparagraph of Article 225(1)) - and jurisdiction regarding questions referred for a preliminary ruling and opinions.

     
  • 51. 
    Actions such as Case C-100/99 Italy v Council and Commission (Doc. No 5604/02, p. 15), which concerned both an act adopted under a Treaty provision (Council Regulation No 2800/98 on transitional measures to be applied under the common agricultural policy with a view to the introduction of the euro, adopted under Article 42 and 43 of the EC Treaty) and an implementing regulation adopted by the Commission on the basis of Article 9 (committee procedure) of Council Regulation No 2799/98 (Regulation No 2808/98 laying down detailed rules for the application of the agrimonetary system for the euro in agriculture) would fall under the jurisdiction of the Court.

     
  • 52. 
    For example, Case C- 267/96 France v Parliament (cited at the bottom of p. 15 of the Note) seeking annulment of a Parliament decision fixing the timetable for its sittings, which it was claimed was adopted in violation of the decision agreed by common accord between the Member States at Edinburgh in 1992 on the seat of the EP.

     
  • 53. 
    'The Conference calls on the Court of Justice and the Commission to give overall consideration as soon as possible to the division of jurisdiction between the Court of Justice and the Court of First Instance, in particular in the area of direct actions, and to submit suitable proposals for examination by the competent bodies as soon as the Treaty of Nice enters into force.'

     
  • 54. 
    Except for actions against infringements - which are not covered in the Court's proposal (but which might be transferred on the basis of the second sentence of the first subparagraph of Article 225(1)) - and jurisdiction regarding questions referred for a preliminary ruling and opinions.

     
  • 55. 
    'The Conference calls on the Court of Justice and the Commission to give overall consideration as soon as possible to the division of jurisdiction between the Court of Justice and the Court of First Instance, in particular in the area of direct actions, and to submit suitable proposals for examination by the competent bodies as soon as the Treaty of Nice enters into force.'

     
  • 56. 
    'The Conference calls on the Court of Justice and the Commission to give overall consideration as soon as possible to the division of jurisdiction between the Court of Justice and the Court of First Instance, in particular in the area of direct actions, and to submit suitable proposals for examination by the competent bodies as soon as the Treaty of Nice enters into force.'

     
  • 57. 
    Council Doc. No 10790- JUR 232-, 1.10.2001.

     
  • 58. 
    Council Doc. No 10790- JUR 232-, 1.10.2001.

     
  • 59. 
    Except for actions against infringements - which are not covered in the Court's proposal (but which might be transferred on the basis of the second sentence of the first subparagraph of Article 225(1)) - and jurisdiction regarding questions referred for a preliminary ruling and opinions.

     
  • 60. 
    The wording is that of Article 286(1) of the EC Treaty.

     
  • 61. 
    i.e. interinstitutional actions.