| Author (Corporate) | European Court of Justice: Press and Information Division |
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| Series Title | Press Release |
| Series Details | CJE/14/69 (06.05.14) |
| Publication Date | 06/05/2014 |
| Content Type | News |
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Report of the judgment in European Court of Justice Case C-43/12 Commission v Parliament and Council. On 19 March 2008, the European Commission submitted to the European Parliament and the Council of the European Union a proposal for a directive seeking, in essence, to facilitate the exchange of information concerning certain road traffic offences and the crossborder enforcement of the sanctions attached to them. That proposal was based on the powers of the EU in relation to transport safety. On 25 October 2011, the Parliament and the Council adopted Directive 2011/822, using however as a legal basis the EU’s competence in the field of police cooperation. Taking the view that the directive had been adopted on the incorrect legal basis, the European Commission brought annulment proceedings before the Court of Justice. In its judgment the Court stated that both the aim and the content of the directive must be examined in order to determine whether it could validly be adopted on the basis of police cooperation. With regard to the aim of the directive, the Court holds that the main or predominant aim of the directive is to improve road safety ... The Court concludes from this that, both in respect of its aim and its content, the directive is a measure to improve transport safety and should therefore have been adopted on that basis. However, it went on to say that the effects of the directive should be maintained until the entry into force, within a reasonable period of time — which may not exceed twelve months from the date of delivery of the judgment — of a new directive based on the correct legal basis (that is to say, transport safety). |
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| Source Link | Link to Main Source http://europa.eu/rapid/press-release_CJE-14-69_en.htm |
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| Subject Categories | Law, Mobility and Transport |
| Countries / Regions | Europe |
