About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2017-12 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2017)

handle is hein.intyb/rcbjcofi0398 and id is 1 raw text is: ZCVRLA Reports of Cases Case C-600/14 Federal Republic of Germany V Council of the European Union (Action for annulment - External action of the European Union - Article 216(1) TFEU - Article 218(9) TFEU - Establishment of the position to be adopted on behalf of the European Union in a body set up by an international agreement - Revision Committee of the Intergovernmental Organisation for International Carriage by Rail (OTIF) - Amendment of the Convention concerning International Carriage by Rail COTIF) and the Appendices thereto - Competence shared between the European Union and its Member States - External competence of the European Union in an area where the Union has not yet adopted common rules - Validity of Decision 2014/699/EU - Obligation to state reasons - Principle of sincere cooperation) Summary - Judgment of the Court (Grand Chamber), 5 December 2017 1. European Union - Conferred powers principle of conferral Internal and external competences Observance of the (Art. 5(2) TEU) 2. International agreements - Conclusion - conferral - Exclusive or shared competence Competence of the Union Express or implicit (Arts 3(2) TFEU and 216(1) TFEU) 3. International agreements - Conclusion - Competence of the Union - Competence in the light of the need to conclude the agreement in order to achieve an objective referred to by the Treaties - Scope Amendment of the Convention concerning International Carriage by Rail - Included Competence shared between the Union and the Member States - Whether necessary that Union have first taken internal action by means of adopting common rules before taking external action - Not necessary (Art. 5(2) TEU; Art. 2(2) TFEU, 4(2)(g) TFEU, 91(1) TFEU and 216(1) TFEU; Council Decision 2014/699) 4. Acts of the institutions - Indication of the legal basis - Obligation - Scope - Omission not constituting a substantial defect - Limits - Express reference indispensable to the exercise of judicial review (Art. 296 TFEU) ECLJ:EU:C:2017:9351 1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most