Judgment_paragraph 8 · Nashua Corporation and others v Commission and Council of the European Communities (C-133/87, C-150/87)

8As the Court held in its order of 11 November 1987 in Case 150/87 Nashua v Council and Commission [1987] ECR 4421, paragraph 6, the Commission's role forms an integral part of the Council's decision-making process. It follows from the provisions of Council Regulation No 2176/84 that the Commission is responsible for carrying out the necessary investigations and for deciding, on the basis of those investigations, whether to terminate the proceedings or to continue them by adopting provisional measures and by proposing that the Council adopt definitive measures. However, it is the Council which has the power to give a final decision. It is not obliged to make any decision at all if it disagrees with the Commission but may, if it wishes, adopt a decision on the basis of the latter's proposals.