JUDGMENT OF THE COURT

(Second Chamber)

of 10 January 2006

in Case C-178/03:

Commission of the European Communities v European Parliament and Council of the European Union ¹

(Action for annulment - Regulation (EC) No 304/2003 of the European Parliament and of the Council of 28 January 2003 concerning the export and import of dangerous chemicals - Choice of legal basis - Articles 133 EC and 175 EC)

(Language of the case: English)

In Case C-178/03, action for annulment under Article 230 EC, brought on 24 April 2003, Commission of the European Communities (Agent: G.zur Hausen, L. Strom van Lier and E. Righini) v European Parliament (Agents: C. Pennera and M. Moore and K. Bradley) and Council of the European Union (Agents: B. Hoff-Nielsen and M. Sims-Robertson, and K. Michoel),.supported by:French Republic (Agents: G. de Bergues, F. Alabrune and E. Puisais), Republic of Finland (Agent: T. Pynnä,), United Kingdom of Great Britain and Northern Ireland (Agent: R. Caudwell, and A. Dashwood) - the Court (Second Chamber), composed of C.W.A. Timmermans, President of the Chamber, J. Makarczyk, C. Gulmann, P. Kūris and J. Klučka, Judges; J. Kokott, Advocate General; L. Hewlett, Principal Administrator, for the Registrar, gave a judgment on 10 January 2006, in which it:

Annuls Regulation (EC) No 304/2003 of the European Parliament and of the Council of 28 January 2003 concerning the export and import of dangerous chemicals;

Maintains the effects of that regulation until the adoption, within a reasonable period, of a new regulation founded on appropriate legal bases;

Orders the Commission of European Communities, the European Parliament and the Council of the European Union to bear their own costs;

Orders the French Republic, the Republic of Finland and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.

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¹ - OJ C 146 of 21.06.2003.