«(Comitology – Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission – Criteria for choosing between the different procedures for adopting implementing measures – Effects – Obligation to state reasons – Annulment in part of Regulation (EC) No 1655/2000 of the European Parliament and of the Council concerning the Financial Instrument for the Environment (LIFE))»

1.. Actions for annulment – Commission's right to bring proceedings – Position taken by the Commission at the time the contested measure was adopted – Not relevant (Art. 230 EC)

2.. Actions for annulment – Pleas in law – Absence or inadequacy of reasons stated – Plea distinct from that relating to substantive legality (Art. 230 EC)

3.. Acts of the institutions – Regulations – Basic regulations and implementing regulations – Implementing powers conferred by the Council – Principles and rules for the exercise of implementing powers laid down in the second comitology decision – Non-binding nature of the criteria relating to the choice of procedures under the decision (Art. 202 EC; Council Decision 1999/468, Art. 2)

4.. Acts of the institutions – Statement of reasons – Obligation – Scope – Measure departing from an indicative rule of conduct (Art. 253 EC; Council Decision 1999/468, Art. 2)

5.. Acts of the institutions – Statement of reasons – Obligation – Scope (Art. 253 EC)

JUDGMENT OF THE COURT 21 January 2003 (1)

((Comitology – Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission – Criteria for choosing between the different procedures for adopting implementing measures – Effects – Obligation to state reasons – Annulment in part of Regulation (EC) No 1655/2000 of the European Parliament and of the Council concerning the Financial Instrument for the Environment (LIFE)))

In Case C-378/00,

applicant,

v

defendants, supported by

APPLICATION for the annulment of Regulation (EC) No 1655/2000 of the European Parliament and of the Council of 17 July 2000 concerning the Financial Instrument for the Environment (LIFE) (OJ 2000 L 192, p. 1), in so far as it makes the adoption of measures for the implementation of the LIFE programme subject to the regulatory procedure under Article 5 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ 1999 L 184, p. 23),

THE COURT,,

composed of: G.C. Rodríguez Iglesias, President, J.-P. Puissochet and M. Wathelet (Presidents of Chambers), C. Gulmann, A. La Pergola (Rapporteur), P. Jann, V. Skouris, F. Macken, N. Colneric, S. von Bahr and J.N. Cunha Rodrigues, Judges,

Advocate General: L.A. Geelhoed,

having regard to the Report for the Hearing, after hearing oral argument from the parties at the hearing on 4 June 2002,

after hearing the Opinion of the Advocate General at the sitting on 3 October 2002,

gives the following

EC Treaty

The second comitology decision

Regulation No 1655/2000

The plea alleging infringement of Article 2 of the second comitology decision

Plea alleging breach of the obligation to state reasons

Existence of an obligation to state reasons

Compliance with the obligation to state reasons

On those grounds,

THE COURT

hereby:

Rodríguez Iglesias

Puissochet

Wathelet

Gulmann

La Pergola

Jann

Skouris

Macken

Colneric

von Bahr

Cunha Rodrigues

Delivered in open court in Luxembourg on 21 January 2003.

R. Grass

G.C. Rodríguez Iglesias

Registrar

President