Annulment decision of the Council of the EU

04-09-2014 Print this page
IPPT20140904, CJEU, European Commission v Council of European Union

NEIGHBOURING RIGHTS

 

Appeal against decision of Council of European Union admissible.

 

"41. In addition, since the contested decision combines the authorisations to negotiate issued (i) to the Commission and (ii) to the Member States and to the Presidency of the Council, it necessarily follows that the Council was involved in the grant of both of those authorisations. Therefore, the action is admissible with regard to the contested decision as a whole."

 

Annulment decision of the Council of the EU on the participation of both EU and Member States to negotiate on the Convention Council of Europe about the protection of neighbouring rights from broadcasters. Exclusive power of the Union (Article 3(2) TFEU): concerns a large part of the area covered by common rules of the Union and these negotiations may affect the common rules of the Union or change the schope of it. El 3(a) TFEU): right to rebroadcast, right of communcation to the public, the protection of pre-broadcast, program-carrying signals and the respect of the related rights of broadcasting organisations.

 

"102. It is apparent from the above analysis that the content of the negotiations for a Convention of the Council of Europe on the protection of neighbouring rights of broadcasting organisations, as is defined by the 2002 Recommendation, the 2008 Memorandum and the 2010 Report, falls within an area covered to a large extent by common EU rules and that those negotiations may affect common EU rules or alter their scope. Therefore, those negotiations fall within the exclusive competence of the European Union.

103. It follows that he contested decision was adopted in breach of Article 3(2) TFEU."

 

IPPT20140904, CJEU, European Commission v Council of European Union

 

C114/12 - ECLI:EU:C:2013:393