Published : 2020-01-30

Case C-600/14 Germany v Council (OTIF)

Monika Niedźwiedź



Section: Case comments

Abstract

The commented judgement is (back) in line with the reasoning emerging in the Court’s jurisprudence, as well as in the legal doctrine, according to which, expressing it short and to the point, “shared is not always mixed”. In other words, the existence of the EU external competence is a decisive factor for the conclusion and execution of an international agreement. If the EU shares competence with the Member States over the whole agreement, it may be concluded by the EU only. Moreover, as follows from the commented judgment, the EU may also be the only one empowered to make decisions at the stage of the implementation of an international agreement with shared competence. This is supposed to be the way to get rid of problematic mixity in EU external relations. A long time ago, the Convention concerning International Carriage by Rail would have been perceived as a mixed agreement with concurrent competences. Nowadays, it is the EU’s international agreement  with shared competence.

Keywords

existence of the EU external competence ; shared competences ; implementation of an international agreement ; external relations of the EU


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