Action brought on 29 November 2016 — European Commission v Federal Republic of Germany
(Case C-620/16)
Language of the case: Germany
Parties
Applicant: European Commission (represented by: W. Mölls, L. Havas and J. Hottiaux, acting as Agents)
Defendant: Federal Republic of Germany
Form of order sought
The applicant claims that the Court should:
declare that the Federal Republic of Germany infringed Council Decision 2014/699/EU 1 and Article 4(3) TEU, in so far as, at the 25th meeting of the OTIF Revision Committee, it voted against the common position laid down in that decision and expressed open opposition both to that common position and to the exercise of voting rights by the EU provided for therein.
order the Federal Republic of Germany to pay the costs.
Pleas in law and main arguments
In support of the action, the applicant relies on the following pleas in law:
The Intergovernmental Organisation for International Carriage by Rail (OTIF), of which the EU alongside 26 Member States is a member, administers the Convention concerning International Carriage by Rail (COTIF).
At the 25th meeting of the OTIF Revision Committee a vote was held with respect to certain changes to the convention and its annexes. The Council laid down the EU common position with regard to several of those points in Decision 2014/699/EU.
At the meeting, the Federal Republic of Germany voted in two points against the common position laid down in that decision, expressed open opposition to that common position and in one case also to exercise of voting rights by the EU provided for in the decision.
That conduct is incompatible with Decision 2014/699/EU and with Article 4(3) TEU.
____________1 Council Decision 2014/699/EU of 24 June 2014 establishing the position to be adopted on behalf of the European Union at the 25th session of the OTIF Revision Committee as regards certain amendments to the Convention concerning International Carriage by Rail (COTIF) and to the Appendices thereto (OJ L 293, p. 26).