Judgment of the Court (Third Chamber) of 27 February 2014 – United Kingdom of Great Britain and Northern Ireland v Council of the European Union
(Case C-656/11) 1
(Coordination of social security systems – Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons – Council decision – Choice of legal basis – Article 48 TFEU – Article 79(2)(b) TFEU)
Language of the case: English
Parties
Applicant: United Kingdom of Great Britain and Northern Ireland (represented initially by C. Murrell and subsequently by M. Holt, Agents, and by A. Dashwood QC)
Intervener in support of the applicant: Ireland (represented by E. Creedon, L. Williams and J. Stanley, Agents, and by N.J. Travers BL)
Defendant: Council of the European Union (represented initially by G. Marhic and M. Veiga and subsequently by A. De Elera, Agents)
Interveners in support of the defendant: French Republic (represented by G. de Bergues and N. Rouam, Agents), European Commission (represented initially by V. Kreuschitz and subsequently by S. Pardo Quintillán and J. Enegren, Agents)
Re:
Action for annulment – Council Decision of 16 December 2011 on the position to be taken by the European Union in the Joint Committee established under the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons as regards the replacement of Annex II to that Agreement on the coordination of social security schemes (OJ L 2011 341, p. 1) – Choice of legal basis – Article 48 TFEU (adoption, in the field of social security, of necessary measures to provide freedom of movement for workers) or Article 79(2)(b) TFEU (rights of third-country nationals residing legally in a Member State) – Practical effect of this choice on the rights and obligations of the United Kingdom, by reason of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice.
Operative part of the judgment
The Court:
Dismisses the action;
Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs;
Orders Ireland, the French Republic and the European Commission to bear their own costs.
____________1 OJ C 49, 18.2.2012.