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2015-4 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2015)

handle is hein.intyb/rcbjcofi0368 and id is 1 raw text is: ZCVRLA Case C-409/13 Council of the European Union V European Commission (Action for annulment - Macro-financial assistance to third countries - Decision of the Commission to withdraw a proposal for a framework regulation - Articles 13(2) TEU and 17 TEU - Article 293 TFEU - Principle of conferral of powers - Principle of institutional balance - Principle of sincere cooperation - Article 296 TFEU - Obligation to state reasons) Summary - judgment of the Court (Grand Chamber), 14 April 2015 1. European Union - Institutional balance - Implications - Observance of the division of powers (Art. 13(2) TEU) 2. Commission - Powers - Power of legislative initiative - Power to withdraw a proposal which has not yet been adopted - Conditions - Withdrawal of a proposal that has been distorted to the point of preventing achievement of its objectives - Infringement of the principle of sincere cooperation - No such infringement (Arts 13(2) TEL and 17(2) TEL; Arts 289 TFEL and 293 TFEL; Council's Rules of Procedure, Arts 3(2) and 11(1)) 3. Actions for annulment - Actionable measures withdraw a legislative proposal - Included Concept- Decision of the Commission to (Arts 14(1) TEU and 16(1) TEL; Arts 263 TFEU and 296 TFEL) 4. Acts of the institutions - Statement of reasons - Obligation - Scope - Assessment of the obligation to state reasons in the light of the circumstances of the case (Art. 296(2) TFEU) 5. EL law - Principles - Principle of democracy - Withdrawal by the Commission of a legislative proposal which has not yet been adopted - No infringement (Arts 10(1) and (2) TEL and 17(2) TEU; Arts 289 TFEL and 293 TFEL) 1. Under Article 13(2) TEU, each EU institution is to act within the limits of the powers conferred on it in the Treaties, and in conformity with the procedures, conditions and objectives set out in them. That provision reflects the principle of institutional balance, characteristic of the institutional structure of the European Union, a principle which requires that each of the institutions must exercise its powers with due regard for the powers of the other institutions. ECLI:EU:C:2015:217 Reports of Cases

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