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EU

27 September 2013
Issue: 7577 / Categories: Case law , Law digest , In Court
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Council of the European Union v European Parliament C-77/11, [2013] All ER (D) 160 (Sep)

In November 2010, the President of the Council of the EU wrote to the President of the defendant European Parliament stating that both presidents were required to sign the act establishing the EU's annual budget. In December, the Council adopted its position on the draft budget for the financial year 2011. Subsequently, the President of the Parliament indicated that he was unable to share the council's view that the act establishing the budget had to be signed by both presidents. The following day, the President of the Parliament announced that the budget for 2011 had been approved and signed an article providing that the procedure initiated under Art 314 of the Treaty on the Functioning of the European Union (TFEU) had been completed and the budget for 2011 had been definitively adopted (the contested measure). The Council commenced proceedings seeking the annulment of the contested measure. It submitted, inter alia, that the Treaty of Lisbon had altered the budgetary procedure significantly, making the Parliament and the council equal partners with the result that the

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