In an Order issued on 28 July, the European Court of Justice invited the European Council to submit a statement of defence in: Case No. C-355/10, European Parliament v. Council of European Union (Application under Article 263 TFEU for annulment of Council Decision 2010/252/EU).
Here are the relevant portions of the Order (several footnotes omitted):
“1. By application under Article 263 TFEU, notified to the Council on 26 July 2010, the European Parliament asked the Court to annul Council Decision 2010/252/EU of 26 April 2010 supplementing the Schengen Borders Code as regards the surveillance of the sea external borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union.
2. In support of its action for annulment, the European Parliament argues that the Council in adopting the contested decision exceeded the implementing powers set out in Article 12(5) of the Schengen Borders Code to adopt additional measures governing border surveillance.
3. The Council is invited to submit a statement of defence, in accordance with Article 40(1) and Article 81(2) of the Rules of Procedure of the Court of Justice.
(Thank you to the editor at Blogging Portal.EU for bringing this new development to my attention – and now back to my vacation break.)
Click here for the full document from the ECJ.
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