Judgment_paragraph 14 · European Parliament v Council of the European Communities and Commission of the European Communities (C-181/91, C-248/91)

14Consequently, it is not enough that an act should be described as a ‘decision of the Member States’ for it to be excluded from review under Article 173 of the Treaty. In order for such an act to be excluded from review, it must still be determined whether, having regard to its content and all the circumstances in which it was adopted, the act in question is not in reality a decision of 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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