Federal Republic of Germany (supported by Czech Republic intervening) v Council of the European Union (supported by European Commission intervening)

Subject Matter

EUROPEAN UNION — Council Decision — Validity — Members of international organisation concerning wine industry including individual member states but not European Union — Organisation making recommendations — Proposal to Council made under Treaty procedure allowing decisions to be adopted “on the Union’s behalf” — Council making Decision establishing common EU position in relation to organisation’s resolutions — Action for annulment of Decision — Whether EU entitled to establish position to be adopted on its behalf in body set up by international agreement to which it was not party — Whether organisation’s recommendations constituting “acts having legal effects” — FEU Treaty, art 218(9)FEU

(Case C-399/12); EU:C:2014:289; EU:C:2014:2258; [2015] QB 419; [2015] 2 WLR 1023; [2015] All ER (EC) 672; [2014] WLR (D) 412, ECJ