On 10 September 2013 Advocate-General Bot gave his opinion in Case C-43/12 Commission v European Parliament and Council.
In this case the Commission sought to annul Directive 2011/82/EU of the European Parliament and of the Council of 25 October 2011 facilitating the cross-border exchange of information on road safety related traffic offences. It claims that Article 87(2) TFEU is not the appropriate legal basis, as the directive seeks to introduce a mechanism for the exchange of information between Member States that covers road traffic offences, regardless of their administrative or criminal nature. Article 87 refers to police cooperation between the competent authorities in relation to the prevention, detection and investigation of offences. In the opinion of the Commission, the proper legal basis is Article 91(1) TFEU as the purpose of the directive is to improve road safety, which is one of the common transport policy areas expressly provided for in Article 91(1)(c).
The United Kingdom intervened in support of the Council, arguing that the correct legal base was used.
The Advocate-General has recommended that the Court dismiss the Commission’s application.
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James Maurici QC acted of the UK Government.