Thomas Pringle v Government of Ireland and Others.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Lenaerts
• ECLI: ECLI:EU:C:2012:756
• Date: 27 November 2012
• Docket Number: C‑370/12
• Procedure Type: Reference for a preliminary ruling

JUDGMENT OF THE COURT (Full Court)

27 November 2012 ( *1 )

Table of contents

I – Legal context

A – Decision 2011/199

B – The ESM Treaty

II – The background to the main proceedings and the questions referred for a preliminary ruling

III – Consideration of the questions referred for a preliminary ruling

A – The first question

1. The jurisdiction of the Court

2. Admissibility

3. Substance

a) Whether the revision of the FEU Treaty concerns solely provisions of Part Three of that treaty

b) Whether the revision of the FEU Treaty increases the competences conferred on the Union in the Treaties

B – The second question

1. The jurisdiction of the Court

2. Admissibility

3. Substance

a) Interpretation of provisions relating to the Union’s exclusive competence

i) Interpretation of Articles 3(1)(c) TFEU and 127 TFEU

ii) Interpretation of Article 3(2) TFEU

b) Interpretation of various provisions of the ESM Treaty relating to economic policy

i) Interpretation of Articles 2(3) TFEU, 119 TFEU to 121 TFEU and 126 TFEU

ii) Interpretation of Article 122 TFEU

iii) Interpretation of Article 123 TFEU

iv) Interpretation of Article 125 TFEU

c) Interpretation of Article 4(3) TEU

d) Interpretation of Article 13 TEU

i) The role allocated to the Commission and the ECB

ii) The role allocated to the Court

e) Interpretation of the general principle of effective judicial protection

C – The third question

IV – Costs

‛Stability mechanism for the Member States whose currency is the euro — Decision 2011/199/EU — Amendment of Article 136 TFEU — Validity — Article 48(6) TEU — Simplified revision procedure — ESM Treaty — Economic and monetary policy — Competence of the Member States’

In Case C‑370/12,

REFERENCE for a preliminary ruling under Article 267 TFEU from the Supreme Court (Ireland), made by decision of 31 July 2012, received at the Court on 3 August 2012, in the proceedings

Thomas Pringle

v

Government of Ireland,

Ireland,

The Attorney General,

THE COURT (Full Court),

composed of V. Skouris, President, K. Lenaerts (Rapporteur), Vice‑President, A. Tizzano, R. Silva de Lapuerta, M. Ilešič, L. Bay Larsen, T. von Danwitz, A. Rosas, G. Arestis, J. Malenovský, M. Berger and E. Jarašiūnas, Presidents of Chambers, E. Juhász, A. Borg Barthet, U. Lõhmus, E. Levits, A. Ó Caoimh, J.‑C. Bonichot, A. Arabadjiev, C. Toader, J.‑J. Kasel, M. Safjan, D. Šváby, A. Prechal, C.G. Fernlund, J.L. da Cruz Vilaça and C. Vajda, Judges,

Advocate General: J. Kokott,

Registrar: T. Millett, Deputy Registrar,

having regard to the decision of the President of the Court of 4 October 2012 that the case be dealt with under the accelerated procedure, in accordance with Article 23a of the Statute of the Court of Justice of the European Union and Article 105(1) of the Rules of Procedure of the Court,

having regard to the written procedure and further to the hearing on 23 October 2012,

after considering the observations submitted on behalf of:

— Mr Pringle, by J. Rogers and P. Callan, Senior Counsel, and by R. Budd and J. Tomkin, Barristers-at-Law, instructed by J. Noonan, Solicitor,

— Ireland, by E. Creedon, acting as Agent, and by M. Cush and S. Murphy, Senior Counsel, and by N. Travers and C. Donnelly, Barristers-at-Law,

— the Belgian Government, by T. Materne, J.‑C. Halleux and C. Pochet, acting as Agents,

— the German Government, by T. Henze and J. Möller, acting as Agents,

— the Greek Government, by A. Samoni‑Rantou, G. Karipsiades and K. Boskovits, acting as Agents,

— the Spanish Government, by N. Díaz Abad, acting as Agent,

— the French Government, by E. Belliard, G. de Bergues and E. Ranaivoson, acting as Agents,

— the Italian Government, by G. Palmieri, acting as Agent, and by S. Fiorentino, avvocato dello Stato,

— the Cypriot Government, by D. Lysandrou and N. Kyriakou, acting as Agents,

— the Netherlands Government, by C. Wissels and M. Bulterman, acting as Agents,

— the Austrian Government, by G. Hesse, acting as Agent,

— the Slovak Government, by B. Ricziová, acting as Agent,

— the United Kingdom Government, by E. Jenkinson, acting as Agent, and by A. Dashwood QC,

— the European Parliament, by A. Neergaard and R. Crowe, acting as Agents,

— the European Council, by H. Legal, G. Maganza and A. de Gregorio Merino, acting as Agents,

— the European Commission, by J.‑P. Keppenne, L. Romero Requena and B. Smulders, acting as Agents,

after hearing the Advocate General,

gives the following

Judgment

1 This reference for a preliminary ruling concerns, first, the validity of European Council Decision 2011/199/EU of 25 March 2011 amending Article 136 of the Treaty on the Functioning of the European Union with regard to a stability mechanism for Member States whose currency is the euro (OJ 2011 L 91, p. 1), and, secondly, the interpretation of Articles 2 TEU, 3 TEU, 4(3) TEU, 13 TEU, Articles 2(3) TFEU, 3(1)(c) and (2) TFEU, 119 TFEU to 123 TFEU and 125 TFEU to 127 TFEU, and the general principles of effective judicial protection and legal certainty.

2 The reference was made in an appeal against a judgment of the High Court (Ireland) in proceedings brought by Mr Pringle, a member of the Irish Parliament, against the Government of Ireland, Ireland and the Attorney General seeking a declaration, first, that the amendment of Article 136 TFEU by Article 1 of Decision 2011/199 constitutes an unlawful amendment of the FEU Treaty and, secondly, that by ratifying, approving or accepting the Treaty establishing the European stability mechanism between the Kingdom of Belgium, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Grand Duchy of Luxembourg, Malta, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic and the Republic of Finland, concluded in Brussels on 2 February 2012 (‘the ESM Treaty’), Ireland would undertake obligations incompatible with the Treaties on which the European Union is founded.

I – Legal context

A – Decision 2011/199

3 On 16 December 2010 the Belgian Government submitted, in accordance with the first subparagraph of Article 48(6) TEU, a proposal for the revision of Article 136 TFEU which consisted of adding a paragraph 3 to that article.

4 The European Parliament, the European Commission and the European Central Bank (‘the ECB’) each issued an opinion on the proposal, on 23 March, 15 February and 17 March 2011 respectively. Decision 2011/199 was adopted on 25 March 2011.

5 Recitals 2, 4 and 5 of the preamble to that decision are as follows: ‘(2) At the meeting of the European Council of 28 and 29 October 2010, the Heads of State or Government agreed on the need for Member States to establish a permanent crisis mechanism to safeguard the financial stability of the euro area as a whole and invited the President of the European Council to undertake consultations with the members of the European Council on a limited treaty change required to that effect. … (4) The stability mechanism will provide the necessary tool for dealing with such cases of risk to the financial stability of the euro area as a whole as have been experienced in 2010, and hence help preserve the economic and financial stability of the Union itself. At its meeting of 16 and 17 December 2010, the European Council agreed that, as this mechanism is designed to safeguard the financial stability of the euro area as [a] whole, Article 122(2) of the [FEU Treaty] will no longer be needed for such purposes. The Heads of State or Government therefore agreed that it should not be used for such purposes. (5) On 16 December 2010, the European Council decided to consult, in accordance with Article 48(6), second subparagraph, of the TEU, the European Parliament and the Commission, on the proposal. It also decided to consult the [ECB]. …’

6 Article 1 of Decision 2011/199 provides: ‘The following paragraph shall be added to Article 136 of the [FEU] Treaty: “3. The Member States whose currency is the euro may establish a stability mechanism to be activated if indispensable to safeguard the stability of the euro area as a whole. The granting of any required financial assistance under the mechanism will be made subject to strict conditionality.”’

7 Under Article 2 of Decision 2011/199: ‘Member States shall notify the Secretary-General of the European Council without delay of the completion of the procedures for the approval of this Decision in accordance with their respective constitutional requirements. This Decision shall enter into force on 1 January 2013, provided that all the notifications referred to in the first paragraph have been received, or, failing that, on the first day of the month following receipt of the last of the notifications referred to in the first paragraph.’

B – The ESM Treaty

8 The contracting parties to the ESM Treaty are the Member States whose currency is the euro.

9

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