Annexes to COM(2013)851 - Review of the proposal for a Council Regulation on the establishment of the European Public Prosecutor's Office with regard to the principle of subsidiarity

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dossier COM(2013)851 - Review of the proposal for a Council Regulation on the establishment of the European Public Prosecutor's Office with regard ...
document COM(2013)851 EN
date November 27, 2013
Annex 1. The issued reasoned opinions represent 18 votes out of 56. In accordance with Article 7(2) of Protocol No 2, the threshold to trigger the review is 14.

[7]               See, for example, Case C-58/08, Vodafone [2010] ECR I-4999, paragraph 72; or Case C-377/98, Netherlands v Parliament and Council [2001] ECR I-7079, paragraph 32.

[8]               Case C-233/94, Germany v Parliament and Council [1997] ECR I-2405, paragraph 25.

[9]               Cited in Fn. 6, paragraphs 55 to 60.

[10]             COM(2012) 363 of 11 July 2012.

[11]             OLAF report 2011, pp. 18-20.

[12]             An action represents a criminal action pursued against a single natural or legal person in one country's jurisdiction. Each case may contain multiple actions in a number of countries.

[13]             Percentage of actions transferred in the period from 2006-2011 by OLAF to Member States without reported judicial decisions, OLAF report 2011, table 6, p. 20.

[14]             51,2% of the actions transferred in the period from 2006-2011 by OLAF to Member States with reported judicial decision were dismissed before trial, OLAF report 2011, table 6, p. 20.

[15]             OLAF report 2011, table 6, p. 20.

[16]             See, for example, Case T-29/03, Comunidad Autónoma de Andalucía v Commission [2004] ECR II-2923, paragraph 37; and Case T-309/03, Camós Grau v Commission [2006] ECR II-1173, paragraph 51.

[17]             Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF), OJ L 248, of 18 September 2013, pp.  1-22) which entered into force on 1 October 2013.

[18]             See COM 2013(173) for Europol and COM 2013(535) for Eurojust. The implementation period for the previous Eurojust reform (Council Decision 2009/426 JHA of 16 December 2008) expired on 4 June 2011.

[19]             COM(2012) 363.