''Commission v Council'' (1971
Case 22/70
is an

EU law European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its val ...

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 (now

TFEU The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establishi ...

article 288) 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 (what is now) 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.

Facts

Judgment

See also

Notes

References

Further reading