Judgment of the Court of Justice, Commission v Council, Case C-176/03 (13 September 2005)

It emerges from the judgment of the Court of Justice of 13 September 2005, in Case C-176/03, Commission v Council, that, because of both their aim and their substance, Articles 1 to 7 of Council Framework Decision 2003/80/JHA on the protection of the environment through criminal law have as their main purpose the protection of the environment and could have been properly adopted on the basis of Article 175 of the EC Treaty. In those circumstances, the entire Framework Decision, based on Title VI of the EU Treaty, encroaches on the powers which Article 175 of the EC Treaty confers on the Community and, being indivisible, infringes Article 47 of the EU Treaty under which none of the provisions in the EC Treaty may be affected by a provision of the EU Treaty.

Source and copyright

Source: CVRIA. Case-law: Numerical access to the case-law. [ON-LINE]. [Luxembourg]: Court of Justice of the European Communities, [12.05.2006]. C-176/03. Available on http://curia.eu.int/en/content/juris/index.htm.

Copyright: (c) Court of Justice of the European Union

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