Judgment of the Court (Full Court) of 13 July 2004.

Delivered 2004-07-13 · ECLI:EU:C:2004:436 · Court of Justice · Languages: LT · EN · IT · SV · PL · LV · ET · SL

Case
C-27/04
Court
Court of Justice
Date
2004-07-13
Parties
Commission of the European Communities v Council of the European Union.
ECLI
ECLI:EU:C:2004:436
Original
EUR-Lex ↗
PresidentV. SkourisJudgeP. JannJudgeC.W.A. TimmermansJudgeA. RosasJudge · rapporteurC. GulmannJudgeJ.-P. PuissochetJudgeJ.N. Cunha RodriguesJudgeR. SchintgenJudgeF. MackenJudgeN. ColnericJudgeS. von BahrJudgeR. Silva de LapuertaJudgeK. LenaertsJudgePrincipal AdministratorAdvocate GeneralA. TizzanoRegistrarM.-F. Contet
Summary
Preparing…

Parties

Grounds

Decision on costs

Operative part

Parties

In Case C-27/04,

Commission of the European Communities, represented by M. Petite, A. van Solinge and P. Aalto, acting as Agents, with an address for service in Luxembourg,

applicant,

v

Council of the European Union, represented by J.-C. Piris, T. Middleton and J. Monteiro, acting as Agents,

defendant,

APPLICATION for annulment of Council measures of 25 November 2003, namely:

THE COURT (Full Court),

composed of: V. Skouris, President, P. Jann, C.W.A. Timmermans, A. Rosas, C. Gulmann (Rapporteur), J.-P. Puissochet and J.N. Cunha Rodrigues, Presidents of Chambers, R. Schintgen, F. Macken, N. Colneric, S. von Bahr, R. Silva de Lapuerta and K. Lenaerts, Judges,

Advocate General: A. Tizzano,

Registrar: M.-F. Contet, Principal Administrator,

having regard to the decision of the President of the Court of 13 February 2004 that the case was to be determined in accordance with an expedited procedure pursuant to Article 62a of the Rules of Procedure,

after hearing oral argument from the parties at the hearing on 28 April 2004,

after hearing the Advocate General,

gives the following

Judgment

Grounds

Legal context

‘1. Member States shall avoid excessive government deficits.

…

In such a case, the Council may request the Member State concerned to submit reports in accordance with a specific timetable in order to examine the adjustment efforts of that Member State.

The President of the Council shall inform the European Parliament of the decisions taken.

The Council shall, acting unanimously on a proposal from the Commission and after consulting the European Parliament and the ECB, adopt the appropriate provisions which shall then replace the said Protocol.

…’

‘1. is committed to a rigorous and timely implementation of all elements of the Stability and Growth Pact in its competence; it will take the necessary decisions under Article [99] and Article [104] as is practicable;

…

…

‘Section 2

Speeding up the excessive deficit procedure

Article 3

…

Article 4

…

Article 5

Any Council decision to give notice to the participating Member State concerned to take measures for the deficit reduction in accordance with Article [104(9)] shall be taken within one month of the Council decision establishing that no effective action has been taken in accordance with Article [104(8)].

Article 6

Where the conditions to apply Article [104(11)] are met, the Council shall impose sanctions in accordance with Article [104(11)]. Any such decision shall be taken no later than two months after the Council decision giving notice to the participating Member State concerned to take measures in accordance with Article [104(9)].

Article 7

If a participating Member State fails to act in compliance with the successive decisions of the Council in accordance with Article [104(7) and (9)], the decision of the Council to impose sanctions, in accordance with paragraph 11 of Article [104], shall be taken within ten months of the reporting dates pursuant to Regulation (EC) No 3605/93 as referred to in Article 3(3) of this Regulation. An expedited procedure shall be used in the case of a deliberately planned deficit which the Council decides is excessive.

…

Section 3

Abeyance and monitoring

Article 9

…’

Facts

The Council’s decisions pursuant to Article 104(6) and (7) EC

The Commission’s recommendations pursuant to Article 104(8) and (9) EC

The Council meeting (economic and financial affairs) of 25 November 2003

‘5. In the light of the recommendations and the commitments by [the Member State concerned] set out above, the Council decided not to act, at this point in time, on the basis of the Commission Recommendation for a Council decision under Article 104(9).

Forms of order sought

Admissibility of the action

The claim for annulment of the Council’s failure to adopt the formal instruments contained in the Commission’s recommendations pursuant to Article 104(8) and (9) EC

Arguments of the parties

Findings of the Court

The claim for annulment of the Council’s conclusions concerning, respectively, the French Republic and the Federal Republic of Germany

Arguments of the parties

Findings of the Court

Substance

Arguments of the parties

Findings of the Court

Broad logic of the excessive deficit procedure

Holding the excessive deficit procedure in abeyance

Modification of the recommendations adopted by the Council under Article 104(7) EC

Decision on costs

Costs

Operative part

On those grounds,

THE COURT

hereby:

Text from our archive (Publications Office of the EU, Cellar). Commission Decision 2011/833/EU — free reuse incl. commercial; attribution to EUR-Lex / Court of Justice of the European Union required; EUR-Lex is not the authentic record of the Court.