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2012-9 E.C.R. 1 (2012)

handle is hein.intyb/rcbjcofi0339 and id is 1 raw text is: ZCVRLA Reports of Cases Case C-355/10 European Parliament V Council of the European Union (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) Summary - judgment of the Court (Grand Chamber), 5 September 2012 1. Actions for annulment - Actions of the Member States, Parliament, the Council and the Commission - Admissibility not conditional upon establishing a legal interest in bringing proceedings (Art. 263, second para., TFELI) 2. Actions for annulment - European Parliament's right of action Parliament when the contested measure is adopted - No effect Position taken by the (Art. 263 TFEUI; Council Decision 1999/468, as amended by Decision 2006/512, Art. 5a(4)(e)) 3. Acts of the institutions - Basic legislation and implementing legislation - Implementing legislation unable to amend or supplement the essential elements of basic legislation - Categorisation of the essential elements - Taking account of the characteristics and particularities of the domain concerned (Art. 290 TFEU) 4. Border controls, asylum and immigration - Community Code on movement across borders - Decision 2010/252 - Implementing measure - Measure containing provisions falling within the responsibility of the legislature - Annulment of that decision (European Parliament and Council Regulation No 562/2006, as amended by Regulation No 296/2008, Art. 12(5); Council Decision 2010/252) 5. Actions for annulment - judgment annulling a measure - Effects - Limitation by the Court - Maintenance of the effects of the decision until it is replaced within a reasonable time - Justification on grounds of legal certainty (Art. 264, second para., TFEU) 1. See the text of the decision. (see para. 37) ECLI:EU:C:2012:516

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