Judgment of the Court (Full Court) of 27 November 2012 (reference for a preliminary ruling from the Supreme Court - Ireland) - Thomas Pringle v Government of Ireland, Ireland and the Attorney General
(Case C-370/12)
(Stability mechanism for the Member States whose currency is the euro - Decision 2011/199/EU - Amendment of Article 136 TFEU - Validity - Article 48(6) TEU - Simplified revision procedure - ESM Treaty - Economic and monetary policy - Competence of the Member States)
Language of the case: English
Referring court
Supreme Court
Parties to the main proceedings
Applicant: Thomas Pringle
Defendants: Government of Ireland, Ireland and the Attorney General
Re:
Reference for a preliminary ruling - Supreme Court - Validity of European Council Decision 2011/199/EU of 25 March 2011 amending Article 136 of the Treaty on the Functioning of the European Union with regard to a stability mechanism for Member States whose currency is the euro (OJ 2011 L 91, p. 1) - Competences of the Union - Right of euro area Member States to conclude an international agreement such as the Treaty establishing the European stability mechanism
Operative part of the judgment
1. Examination of the first question referred has disclosed nothing capable of affecting the validity of European Council Decision 2011/199/EU of 25 March 2011 amending Article 136 of the Treaty on the Functioning of the European Union with regard to a stability mechanism for Member States whose currency is the euro.
2. Articles 4(3) TEU and 13 TEU, Articles 2(3) TFEU, 3(1)(c) and (2) TFEU, 119 TFEU to 123 TFEU and 125 TFEU to 127 TFEU, and the general principle of effective judicial protection do not preclude the conclusion between the Member States whose currency is the euro of an agreement such as the Treaty establishing the European stability mechanism between the Kingdom of Belgium, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Grand Duchy of Luxembourg, Malta, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic and the Republic of Finland, concluded at Brussels on 2 February 2012, or the ratification of that treaty by those Member States.
3. The right of a Member State to conclude and ratify that Treaty is not subject to the entry into force of Decision 2011/199.
____________1 - OJ C 303, 6.10.2012.