Language of document :

Judgment of the Court (Grand Chamber) of 5 September 2012 - European Parliament v Council of the European Union

(Case C-355/10) 

(Schengen Borders Code - Decision 2010/252/EU - Surveillance of the sea external borders - Introduction of additional rules governing border surveillance - Commission's implementing powers - Scope - Application for annulment)

Language of the case: English

Parties

Applicant: European Parliament (represented by: M. Dean, A. Auersperger Matić and K. Bradley, Agents)

Defendant: Council of the European Union (represented by: Z. Kupčová and R. Szostak, Agents)

Intervener in support of the defendant: European Commission (represented by: C. O'Reilly and M. Wilderspin, Agents)

Re:

Annulment of 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 (OJ 2010 L 111, p. 20) - Additional measures governing surveillance - Introduction of rules exceeding the extent of the Council's implementing powers

Operative part of the judgment

The Court:

Annuls 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;

Maintains the effects of Decision 2010/252 until the entry into force of new rules within a reasonable time;

Orders the Council of the European Union to pay the costs;

Orders the European Commission to bear its own costs.

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1 - OJ C 246, 11.9.2010.