«(International agreements – Community competence – Legal basis – Articles 133 EC and 175(1) EC – Energy Star Agreement – Energy-efficient labelling programmes for office equipment)»

1.. Acts of the institutions – Choice of legal basis – Criteria – Community measure pursuing a twofold purpose or having a twofold component – Reference to the main or predominant purpose or component – Inseparable purposes – Joint legal basis

2.. International agreements – Conclusion – EC-United States agreement on the coordination of energy-efficient labelling programmes for office equipment (Energy Star Agreement) – Agreement falling principally within the scope of commercial policy – Predominance over the objective of environmental protection – Legal basis – Article 133 EC, in conjunction with Article 300(3) EC – Irrelevant that participation in the labelling programme is not mandatory (Arts 133 EC and 300(3) EC)

JUDGMENT OF THE COURT (Fifth Chamber) 12 December 2002 (1)

((International agreements – Community competence – Legal basis – Articles 133 EC and 175(1) EC – Energy Star Agreement – Energy-efficient labelling programmes for office equipment))

In Case C-281/01,

applicant,

v

defendant,

APPLICATION for annulment of Council Decision 2001/469/EC of 14 May 2001 concerning the conclusion on behalf of the European Community of the Agreement between the Government of the United States of America and the European Community on the coordination of energy-efficient labelling programs for office equipment (OJ 2001 L 172, p. 1),

THE COURT (Fifth Chamber),,

composed of: M. Wathelet (Rapporteur), President of the Chamber, D.A.O. Edward, A. La Pergola, P. Jann and S. von Bahr, Judges,

Advocate General: S. Alber,

having regard to the Report for the Hearing, after hearing oral argument from the parties at the hearing on 13 June 2002,

after hearing the Opinion of the Advocate General at the sitting on 12 September 2002,

gives the following

Arguments of the parties

Findings of the Court

On those grounds,

THE COURT (Fifth Chamber)

hereby:

Wathelet

Edward

La Pergola

Jann

von Bahr

Delivered in open court in Luxembourg on 12 December 2002.

R. Grass

M. Wathelet

Registrar

President of the Fifth Chamber