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	Číslo (Kód CELEX): Number (CELEX Code):		61986J0034

	Název: Title:		JUDGMENT OF THE COURT OF 3 JULY 1986. COUNCIL OF THE EUROPEAN COMMUNITIES V EUROPEAN PARLIAMENT. BUDGETARY PROCEDURE - POWER OF THE EUROPEAN PARLIAMENT TO INCREASE NON - COMPULSORY EXPENDITURE. CASE 34/86.

	Publikace: Publication:		REPORTS OF CASES 1986 PAGES 2155 - 2214

	Předmět (klíčová slova): Keywords		PROVISIONS GOVERNING THE INSTITUTIONS;FINANCIAL PROVISIONS;BUDGET;

	Související předpisy: Corresponding acts:		385B0554

	Odkaz na souvisejicí judikáty: Corresponding Judgements:


	Plný text: Fulltext:		Ne

Fakta:

Názor soudu a komentář:

Shrnutí (Summary of the Judgment):
1. AMONG THE ACTS OF THE PARLIAMENT AGAINST WHICH AN ACTION FOR ANNULMENT MAY BE BROUGHT PURSUANT TO ARTICLE 173 OF THE EEC TREATY IS THE DECLARATION BY THE PRESIDENT OF THE PARLIAMENT, ACTING IN HIS CAPACITY AS AN ORGAN OF THAT INSTITUTION, THAT THE BUDGET OF THE EUROPEAN COMMUNITIES HAS BEEN FINALLY ADOPTED. THIS POSSIBILITY TO REFER ACTS OF THE BUDGETARY AUTHORITY FOR REVIEW BY THE COURT, WHICH IS NOT EXCLUDED BY ANY PROVISION OF THE TREATY, IS SUCH AS TO ENSURE THAT EACH INSTITUTION EXERCISES THE POWERS CONFERRED ON IT IN RESPECT OF THE BUDGET WITH DUE REGARD FOR THE PROVISIONS OF THE TREATY, AS LAID DOWN IN ARTICLE 203 (10).

2. SINCE, NOTWITHSTANDING THE FACT THAT THE COMMISSION, THE COUNCIL AND THE PARLIAMENT CONCURRED IN THE VIEW THAT THE MAXIMUM RATE OF INCREASE IN NON-COMPULSORY EXPENDITURE, AS FIXED BY THE COMMISSION PURSUANT TO ARTICLE 203 (9) OF THE EEC TREATY, WAS NOT ADEQUATE TO ENABLE THE COMMUNITIES TO FUNCTION PROPERLY DURING THE FINANCIAL YEAR IN QUESTION, THE COUNCIL AND THE PARLIAMENT WERE UNABLE TO AGREE ON A NEW MAXIMUM RATE, THE BUDGETARY PROCEDURE CANNOT BE REGARDED AS COMPLETED SO THAT THE DECLARATION, IN THOSE CIRCUMSTANCES, BY THE PRESIDENT OF THE PARLIAMENT THAT THE BUDGET HAS BEEN FINALLY ADOPTED IS VITIATED BY ILLEGALITY AND MUST BE DECLARED VOID.

3. WHEN THE DECLARATION BY THE COURT, IN PROCEEDINGS UNDER ARTICLE 173 OF THE EEC TREATY, THAT THE BUDGET OF THE EUROPEAN COMMUNITIES FOR A GIVEN FINANCIAL YEAR IS INVALID COMES AT A TIME WHEN A SUBSTANTIAL PART OF THAT FINANCIAL YEAR HAS ALREADY ELAPSED, THE NEED TO GUARANTEE THE CONTINUITY OF THE EUROPEAN PUBLIC SERVICE AND ALSO IMPORTANT REASONS OF LEGAL CERTAINTY WHICH MAY BE COMPARED WITH THOSE WHICH APPLY IN THE CASE OF THE ANNULMENT OF CERTAIN REGULATIONS, JUSTIFY THE COURT IN EXERCISING THE POWER EXPRESSLY CONFERRED ON IT BY THE SECOND PARAGRAPH OF ARTICLE 174 OF THE TREATY AND IN STATING THE EFFECTS OF THE BUDGET IN QUESTION WHICH MUST BE CONSIDERED AS DEFINITIVE.

Plný text judikátu (Entire text of the Judgment):