Parliament v. Council (Implementing decisions of pre-Lisbon acts)

On 16 April, the Court ruled on two actions for annulment brought by the Parliament against three Council Decisions adopted after the entry into force of the Lisbon Treaty. The ruling is crucial since the Court had the chance to interpret Protocol no. 36 on Transitional Provisions in relation to the validity of former third pillar measures in the post-Lisbon era.

The Court concluded that a provision of an act duly adopted before the entry into force of the Treaty of Lisbon which lays down detailed rules for the adoption of measures for the implementation of that act continues to produce its legal effects until it is repealed, annulled or amended and permits the adoption of implementing measures in accordance with a procedure established by that provision.

However, the Court annulled the Council implementing acts on the ground that the Council should have consulted the European Parliament. It reasoned that the cross-reference to the repealed Treaty rules in the valid secondary legal basis used retained those rules in force. The Court maintained the effects of the annulled decisions until the entry into force of new acts inserted to replace them.