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27 September 2013
Issue: 7577 / Categories: Case law , Law digest , In Court
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EU

Council of the European Union v European Parliament C-77/11, [2013] All ER (D) 160 (Sep)

In November 2010, the President of the Council of the EU wrote to the President of the defendant European Parliament stating that both presidents were required to sign the act establishing the EU's annual budget. In December, the Council adopted its position on the draft budget for the financial year 2011. Subsequently, the President of the Parliament indicated that he was unable to share the council's view that the act establishing the budget had to be signed by both presidents. The following day, the President of the Parliament announced that the budget for 2011 had been approved and signed an article providing that the procedure initiated under Art 314 of the Treaty on the Functioning of the European Union (TFEU) had been completed and the budget for 2011 had been definitively adopted (the contested measure). The Council commenced proceedings seeking the annulment of the contested measure. It submitted, inter alia, that the Treaty of Lisbon had altered the budgetary procedure significantly, making the Parliament

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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