Thomas Pringle v Government of Ireland [2012] EUECJ C-370/12 (27 November 2012)

Thomas Pringle v Government of Ireland [2012] EUECJ C-370/12 (27 November 2012)

Decision 2011/199/EU was validly adopted under Article 48(6) TEU as it only amended Part Three of the FEU Treaty and did not increase EU competences. The ESM Treaty, concluded by euro area Member States, does not infringe EU law or the exclusive competence of the Union in monetary policy, nor does it undermine the principle of effective judicial protection. Member States may establish a stability mechanism such as the ESM provided its operation complies with EU law.

Citation
[2012] EUECJ C-370/12
Parties
Applicant: Mr Pringle; Respondents: Government of Ireland, Ireland and the Attorney General
Jurisdiction
European Union
Judgment Date
27 November 2012
Procedural Posture
Preliminary Reference (cjeu) From National Appellate Proceedings / Judgment on Preliminary Reference
Outcome
Reference answered; Decision 2011/199/EU valid; ESM Treaty compatible with EU law.
Legal Topics
Validity of EU Acts, Treaty Amendment Procedures, Economic and Monetary Union, Stability Mechanisms, Competence of Member States Vs EU, Judicial Protection
European Union Law Constitutional Law International Law Validity of EU Acts Treaty Amendment Procedures Economic and Monetary Union Stability Mechanisms Competence of Member States Vs EU +1 more

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Parties

Mr Pringle

Applicant

Government of Ireland, Ireland and the Attorney General

Respondents

Procedural Posture

Preliminary Reference (cjeu) From National Appellate Proceedings / Judgment on Preliminary Reference

Legal Issues

  1. 1 Whether European Council Decision 2011/199/EU was validly adopted under Article 48(6) TEU (simplified revision procedure)
  2. 2 Whether the ESM Treaty is compatible with EU Treaties and general principles of EU law
  3. 3 Whether Member States may establish a stability mechanism such as the ESM outside the EU legal framework

Ratio Decidendi

Decision 2011/199/EU was validly adopted under Article 48(6) TEU as it only amended Part Three of the FEU Treaty and did not increase EU competences. The ESM Treaty, concluded by euro area Member States, does not infringe EU law or the exclusive competence of the Union in monetary policy, nor does it undermine the principle of effective judicial protection. Member States may establish a stability mechanism such as the ESM provided its operation complies with EU law.

Court Disposition

Reference answered; Decision 2011/199/EU valid; ESM Treaty compatible with EU law.

Orders

  • Decision 2011/199/EU is valid under Article 48(6) TEU.
  • Member States whose currency is the euro may conclude and ratify the ESM Treaty, provided its operation complies with EU law.