Action brought on 12 October 2010 — European Parliament v Council of the European Union

(Case C-490/10)

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2011/C 13/30

Language of the case: French

Parties

Applicant: European Parliament (represented by: M. Gómez-Leal, J. Rodrigues, L. Visaggio, acting as Agents)

Defendant: Council of the European Union

Form of order sought

Pleas in law and main arguments

By its action, the European Parliament seeks the annulment of Regulation (EU, Euratom) No 617/2010 of 24 June 2010 by which the Council established a common framework for the notification to the Commission of information on investment projects in energy infrastructure. The regulation was adopted by the Council on the dual legal basis of Articles 337 TFEU and 187 EA. According to the Parliament, the Council’s choice of legal basis is erroneous because the measures covered by the contested regulation fall within the energy responsibilities of the Union which are specifically governed by Article 194 TFEU. Those measures should, therefore, have been adopted on the basis of Article 194(2) TFEU in accordance with the ordinary legislative procedure laid down in that provision, instead of on the basis of Article 337 TFEU, which does not provide for any involvement by the Parliament. In addition, the Parliament takes the view that it was not necessary to rely also on Article 187 EA in order to adopt the measures at issue.

(1)  OJ 2010 L 180, p. 7.