European Commission v Council of the European Union

European Union – Action for annulment. The Court of Justice of the European Union granted the European Commission's application for annulment of the Council of the European Union's conclusions adopted in preparation for the World Radiocommunication Conference 2015 (WRC-15) of the International Telecommunication Union, rather than a decision as forseen by art 218(9) of the Treaty on the Functioning of the European Union (TFEU). The Court held that the derogation by the Council from the legal form laid down by art 218(9) of the TFEU and the failure to indicate the legal basis of its decision were the source of confusion as to the legal nature and scope of the contested act and as to the procedure that had to be followed for its adoption.

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