Annexes to COM(2003)660 - Request for an amendment to Articles 51 and 54 of the Statute of the Court of Justice, presented by the Court in accordance with the second paragraph of Article 245 of the EC Treaty, in order to change the division of jurisdiction in direct actions between the Court of Justice and the Court of First Instance as referred to in Article 225(1) of the EC Treaty - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2003)660 - Request for an amendment to Articles 51 and 54 of the Statute of the Court of Justice, presented by the Court in accordance ... |
|---|---|
| document | COM(2003)660  |
| date | November 10, 2003 |
II. However, different wording could be envisaged.
The Commission is of the opinion that it would be worth checking whether the new distribution of jurisdiction between the Court and the CFI would not be clearer, in the spirit of the Treaty of Nice, if acts in respect of which the Court has jurisdiction were grouped by category (acts based on the Treaty, autonomous acts etc.) rather than just listed on the basis of the enacting institution.
The list of acts adopted on the basis of the Treaty, which inevitably has to be made if we follow the form of wording chosen by the Court, in particular as regards Commission acts, is liable to be incomplete and therefore lack certainty. It could also threaten the admissibility of certain actions for failure to act and actions for annulment brought by the Member States against the Commission, particularly in the field of economic policy (Articles 99 to 104 of the EC Treaty).
An approach whereby jurisdiction in respect of acts adopted on the basis of the Treaty, with the exception of those relating, in particular, to competition, state aid and commercial policy, is reserved to the Court therefore seems preferable. Such an approach might well also make it easier to adapt to changes flowing from the future constitutional Treaty.
The proposed wording is set out in Annex 2.
ANNEX 1
The amended wording (underlined) would be as follows:
"1. By way of exception to the rule laid down in Article 225(1) of the EC Treaty and Article 140a(1) of the EAEC Treaty, jurisdiction shall be reserved to the Court of Justice in the actions referred to in Articles 230 and 232 of the EC Treaty and Articles 146 and 148 of the EAEC Treaty when they are brought by a Member State against:
i) an act of or failure to act by the European Parliament or the Council, or by both those institutions acting jointly, except for:
- decisions taken by the Council under the third subparagraph of Article 88(2) of the EC Treaty;
- acts of the Council adopted pursuant to a Council regulation concerning measures to protect trade within the meaning of Article 133 of the EC Treaty;
- acts of the Council adopted on the basis of an empowering provision in an act of the Council or of the European Parliament and the Council, adopted on the basis of the Treaty;
ii) an act of or failure to act by the Commission under Article 11a, Article 39(3)(d), Article 86(3) and Articles 99 to 104 of the EC Treaty;
iii) an act not mentioned in Article 249 of the EC Treaty, adopted by the Commission and intended to have legal effects;
iv) acts of or failures to act by the ECB under Article 110(1) of the EC Treaty or other [40] provisions of the Protocol on the Statute of the ESCB and the ECB;
[40] Other than those referred to in the first indent of Article 110(1) of the Treaty.
v) an act of or failure to act by a body or agency set up by, or on the basis of, the Treaty.
2. Jurisdiction shall also be reserved to the Court of Justice in actions brought by:
- an institution of the Communities against an act of or failure to act by another institution of the Communities or the European Central Bank or by the European Central Bank against an act of or failure to act by an institution of the Communities,
- an institution of the Communities against an act of or failure to act by a body or agency set up by, or on the basis of, the Treaty."
ANNEX 2
Alternative wording
« 1. By way of exception to the rule laid down in Article 225(1) of the EC Treaty and Article 140a(1) of the EAEC Treaty, jurisdiction shall be reserved to the Court of Justice in the actions referred to in Articles 230 and 232 of the EC Treaty and Articles 146 and 148 of the EAEC Treaty when they are brought by a Member State against:
i) an act based on a provision of the EC Treaty or the EAEC Treaty or a failure to act by the Parliament and the Council, the Council or the Commission under the EC Treaty or the EAEC Treaty, except for:
- decisions taken by the Commission or the Council under Article 88(2) of the EC Treaty; and
- decisions taken by the Commission under Articles 38, 76(2), 81, 82, 85, 86(3) and 134 of the EC Treaty;
ii) acts of or failures to act by the ECB under Article 110(1) of the EC Treaty or other [41] provisions of the Protocol on the Statutes of the ESCB and the ECB;
[41] Other than those referred to in the first indent of Article 110(1) of the Treaty.
iii) an act not mentioned in Article 249 of the EC Treaty, adopted by an institution of the Communities and intended to have legal effects;
iv) an act of or failure to act by a body or agency set up by, or on the basis of, the Treaty.
2. Jurisdiction shall also be reserved to the Court of Justice in actions brought by:
- an institution of the Communities against an act of or failure to act by another institution of the Communities or the European Central Bank or by the European Central Bank against an act of or failure to act by an institution of the Communities,
- an institution of the Communities against an act of or failure to act by a body or agency set up by, or on the basis of, the Treaty."