European Parliament v Council of the European Communities and Commission of the European Communities (C-181/91, C-248/91)

Judgment of 30 Jun 1993

law://eu/cjeu/1991/c-181-91/para_12@2026-11-13

12It is clear from the wording of that provision that acts adopted by representatives of the Member States acting, not in their capacity as members of the Council, but as representatives of their governments, and thus collectively exercising the powers of the Member States, are not subject to judicial review by the Court. As the Advocate General stated in section 18 of his Opinion, it makes no difference in this respect whether such an act is called an ‘act of the Member States meeting in the Council’ or an ‘act of the representatives of the Governments of the Member States meeting in the Council’.

European Parliament v Council of the European Communities and Commission of the European Communities (C-181/91, C-248/91)

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