Court of Justice 26 November 2015, C-660/13 (Council of the European Union v European Commission.)

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In an action brought under Article 263 TFEU, the Council of the European Union sought the annulment of a European Commission decision approving and authorising the signature of an addendum to a non-binding Memorandum of Understanding with Switzerland regarding a financial contribution to Croatia. The decisive issue concerns the institutional distribution of powers under Articles 13(2), 16, and 17 TEU and the principle of sincere cooperation when concluding non-binding international instruments on behalf of the Union. Advocate General Sharpston opined that the decision whether to approve and sign such a non-binding international agreement falls within the Council's policy-making powers under Article 16(1) TEU, meaning the Commission exceeded its powers under Article 17(1) TEU in breach of Article 13(2) TEU.AI