Commission v Council


Commission v Council is an EU law case, concerning the legality of legislative acts in the European Union.

Facts

Relating to the European Road Transport Agreement, a Council ‘resolution’ settled the negotiating procedure for an upcoming conference. The Commission challenged the resolution as being against EU law, and the only way to do this was to ask for annulment of the ‘resolution’. Could it be a subject of such proceedings? TEEC article 190 at the time stated that regulations, directive and decisions were only valid if they stated the reasons on which they were based.

Judgment

The Court of Justice held the list in TFEU article 288 is not exhaustive, and Acts can be binding without falling into those categories. The resolution was a valid act outside the list.