Action brought on 8 June 2010 - Ax v Council
(Case T-259/10)
Language of the case: German
Parties
Applicant: Thomas Ax (Neckargemünd, Germany) (represented by: J. Baumann, Rechtsanwalt)
Defendant: Council of the European Union
Form of order sought
Annul Council Regulation (EU) No 407/2010 of 11 May 2010 establishing a European financial stabilisation mechanism;
Order the Council of the European Union to pay the costs.
Pleas in law and main arguments
The applicant seeks the annulment of Regulation (EU) No 407/2010.
1 The applicant argues, inter alia, that the aid released by the contested regulation would infringe the prohibition under Article 125 TFEU on undertaking liability for or assuming the commitments of other Member States.
Moreover, Regulation No 407/2010 is not covered by the enabling provision of Article 122 TFEU. The applicant argues that the Member States affected by speculative attacks have not been seriously threatened with severe difficulties within the meaning of that provision. Moreover, the difficulties arising as a result of the speculative attacks are not caused by exceptional occurrences beyond the control of the Member States concerned.
____________1 - Council Regulation (EU) No 407/2010 of 11 May 2010 establishing a European financial stabilisation mechanism (OJ 2010 L 118, p. 1).