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2015-11 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2015)

handle is hein.intyb/rcbjcofi0375 and id is 1 raw text is: ZCVRLA Joined Cases C-124/13 and C-125/13 European Parliament and European Commission V Council of the European Union (Actions for annulment - Regulation (EU) No 1243/2012 - Choice of legal basis and (3) TFEU - Policy decision - Long-term plan for cod stocks) Article 43(2) Summary - judgment of the Court (Grand Chamber) 1 December 2015 1. Fisheries - Common Fisheries Policy - Provisions necessary for the pursuit of policy objectives Measures on the fixing and allocation of fishing opportunities - Powers of the Council Article 43(2) and (3) TFEU- Scope of each of those provisions (Art. 43(2) and (3) TFEU) 2. Fisheries - Conservation of the resources of the sea - Long-term plan for cod fisheries exploiting those stocks - Regulation No 1243/2012 - Adaptation mechanism for setting the total allowable catches and fishing effort limitations - Article 43(2) TFEU stocks and the of the general Legal basis - (Art. 43(2) TFEU; Council Regulations No 1342/2008 and No 1243/2012) 3. Actions for annulment - judgment annulling a measure - Effects - Limitation by the Court - Maintenance of the effects of the contested measure until its replacement within a reasonable period - justification on grounds of legal certainty (Art. 264, second para., TFEU) 1. The adoption by the Parliament and the Council, in accordance with the ordinary legislative procedure, of provisions under Article 43(2) TFEU necessarily presupposes an assessment of whether those provisions are 'necessary' for the pursuit of the objectives of the common policies governed by the FEU Treaty, with the result that it entails a policy decision that must be reserved to the EU legislature. By contrast, the adoption by the Council of measures on the fixing and allocation of fishing opportunities, in accordance with Article 43(3) TFEU, does not require such an assessment since such measures are of a primarily technical nature and are intended to be taken in order to implement provisions adopted on the basis of Article 43(2) TFEU. Thus, paragraphs 2 and 3 of Article 43 TFEU pursue different aims and each have a specific field of application, which means that they may be used separately as a basis for adopting particular measures under the Common Fisheries Policy, provided that the Council, when it adopts measures on the basis of Article 43(3) TFEU, acts within the limits of its powers and, where relevant, within the legal framework already established under Article 43(2) TFEU. Accordingly, measures which do more than ECL:EU:C:2015:790 Reports of Cases

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