Europa 1. Article M of the Treaty on European Union makes it clear that a provision such as Article K.3(2), which provides for the adoption of joint action by the Council in the areas referred to in Article K.1 does not affect the provisions of the EC Treaty. In accordance with Article L of the Treaty on European Union, the provisions of the EC Treaty concerning the powers of the Court of Justice and the exercise of those powers apply to Article M. It is therefore the task of the Court to ensure that acts which, according to the Council, fall within the scope of Article K.3(2) do not encroach upon the powers conferred by the EC Treaty on the Community. It follows that where an action is brought before the Court seeking a declaration that, in light of its objective, an act adopted by the Council on the basis of Article K.3(2)(b) of the Treaty on European Union falls within the scope of Article 100c of the EC Treaty, so that it should have been based on that provision, the Court has jurisdiction to review the content of the act in the light of Article 100c of the EC Treaty in order to ascertain whether the Act affects the powers of the Community under that provision. 2. Construed in the light of Article 3(d) of the EC Treaty, which includes among the activities of the Community for the purposes set out in Article 2, ‘measures concerning the entry and movement of persons in the internal market as provided for in Article 100c’, the phrase `crossing the external borders of the Member States’ in Article 100c1) refers, in the case of an airport, to the crossing of those borders at a border control point, permitting the holder of the visa to enter and to move within the internal market. The airport transit visa, introduced by the joint action adopted by the Council on the basis of Article K.3(2) of the Treaty on European Union on airport transit visas, does not authorise its holder to cross the external borders of Member States in the sense contemplated by Article 100c of the EC Treaty. Consequently, the act does not fall within the ambit of that provision.
[1998] EUECJ C-170/96
Bailii
European
Cited by:
Cited – Commission v Council (Police And Judicial Cooperation In Criminal Matters) ECJ 13-Sep-2005
The Commission sought anullment of Council Framework Decision 2003/80/JHA on the protection of the environment through criminal law. The framework decision laid down a number of environmental offences, in respect of which the Member States are . .
Lists of cited by and citing cases may be incomplete.
Updated: 18 August 2021; Ref: scu.161867